Court Confirms Risperdal Statute of Limitations
A Pennsylvania appeals court recently dismissed a lawsuit alleging Risperdal caused breast growth after ruling that the statute of limitations had expired.
The Risperdal statute of limitations is the deadline plaintiffs have to file a lawsuit over their claims that the drug caused side effects and additional pain and suffering.
Unfortunately for a 24-year-old who alleged that the Risperdal he took as a child caused him to grow female breast tissue, the court determined that he had missed the deadline for filing his lawsuit.
Joshua W. alleged in his lawsuit that he took Risperdal during his childhood and suffered from abnormal breast growth, but did not realize the connection until 2013 when he saw an advertisement on TV. However, the plaintiff said that he took the drug from 1997 to 1998 and began observing symptoms in late 1998.
A Philadelphia judge disagreed and ruled that Joshua knew or should have known about his claims against the drug makers by June of 2009 because the drug maker had updated its warnings in 2006.
The judge further ruled that for all plaintiffs who took Risperdal prior to October of 2006, the statute of limitations began on June 30, 2009. Since the plaintiff did not file the lawsuit until March of 2014, he was past the two-year Risperdal statute of limitations.
Risperdal Statute of Limitations
Individuals who suspect they have suffered from abnormal breast growth or other Risperdal side effects need to be aware that each state has a different statute of limitations or deadline for legal claims against the drug makers.
In Pennsylvania, the Risperdal statute of limitations is two years, but in other states it can be different. Filing a claim in court against the drug makers, Janssen and Johnson & Johnson, will stop the statute of limitations and preserve the legal claim.
The Risperdal statute of limitations does not start from when individuals began taking the drug as children. Most state laws mandate that statutes of limitations begin when the individual turns 18.
Further, the time bar does not start until the plaintiff in a Risperdal side effects lawsuit knew or reasonably should have known about the connection between the drug and the side effect.
Thousands of children were prescribed Risperdal without adequate knowledge of the potentially devastating and life-altering side effects of the drugs. It is important for those children who are now young adults to be aware that they may have a legal claim against the drug makers for any side effects they suffered because of their Risperdal use as children.
In addition to abnormal breast growth, Risperdal side effects also include:
- Weight gain
- Involuntary tremors
If you suspect abnormal breast growth or other Risperdal side effect, do not hesitate the contact an attorney. As the plaintiff in the Pennsylvania lawsuit unfortunately discovered, the Risperdal statute of limitation was running before he even realized the connection between his injuries and the drug he had taken as a child.
The attorneys at McDonald Worley are investigating cases of abnormal breast growth and other side effects caused by Risperdal.
If you suspect you are suffering from Risperdal side effects, contact them today to ensure time doesn’t run out on your claim. The case review is FREE!