An appeal to consider the statute of limitation to file a Risperdal lawsuit over abnormal breast growth in young men has been accepted by a Pennsylvania Supreme Court. In focus are lawsuits filed by two plaintiffs, claiming Risperdal use led to gynecomastia in them.
Both the plaintiffs were unaware of the link between Risperdal and unusual weight gain and breast growth until they saw television commercials in 2013 regarding similar complications encountered by other individuals. The drugmaker asserts that reports on Risperdal adverse effects were published in 2003 and the FDA ordered a warning label about the same in October 2006. An intermediate appeals court supported the dismissal of their lawsuits last year considering that the statute of limitations for the claims began by October 2006. In November 2017, Superior Court Judge of Pennsylvania wrote, “Appellants cannot hope to establish that they acted with reasonable diligence when they admit that they failed to act at all.” The State Supreme Court agreed to consider this rule on July 5 in response to the appeal filed by the plaintiffs.
More than 7,000 product liability lawsuits over Risperdal against Johnson & Johnson are filed in the Pennsylvania State Court. Two coordinated actions have been filed for Risperdal cases: one in Los Angeles Superior Court (Risperdal and Invega Product Liability Cases, JCCP 4775) and the other in Philadelphia (In Re: Risperdal Litigation, March 2010 Term, Case No. 100300296).
