Johnson & Johnson recently urged a Pennsylvania appeals court to uphold a litmus test ruling regarding 250 Risperdal breast growth claims. The company argued that the claimants who allege they grew man boobs from its antipsychotic drug had failed to file their lawsuits in time.

Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, had told the Pennsylvania Superior Court that it should concur with two lower court rulings by Judge Arnold New in January 2015. These rulings pertained to plaintiffs Joshua W. and Jonathan S., whose Risperdal lawsuits were time-barred.

The appeal court’s decision will effect 257 other plaintiff also alleging Risperdal breast growth pending in the same trial court. Johnson & Johnson argued that Judge New’s rulings should stay, and that the plaintiffs had plenty of notice of the upcoming deadline.

The countdown clock started around June 2009, when the concern of Risperdal gynecomastia or male breast growth became public knowledge. In addition, updates on the ongoing litigation were frequently publicized and there has been multiple publications on the correlation.

“Despite developing enlarged breasts while taking Risperdal, plaintiffs did not exercise any due diligence to determine the potential cause of their injuries. Instead, they sat back for more than a decade and only filed their lawsuits after their mothers saw television commercials in 2013 advertising legal services for individuals who had taken Risperdal,” the brief said.

Overview of Risperdal Male Breast Growth Allegations

Joshua had filed his Risperdal lawsuit against Johnson & Johnson in the Philadelphia Court of Common pleas in 2014, when he grew man boobs after being prescribed Risperdal in 1997. He was on this medication to treat his anger management for about a year when Joshua reportedly suffered weight gain and male breast growth.

Judge New had dismissed Joshua’s claim, stating that he should have been able to conclude that Risperdal had caused his injuries by June 2009. From this date, Joshua had two years to file a Risperdal lawsuit under the state’s statute of limitations.

Judge Andrew then came to the same ruling for Jonathan’s Risperdal lawsuit, and in September 2015 stated that he would toss out 257 out of the 1,500 claims. Last month, in the appellate briefing, Jonathan and Joshua argued that it was up to a jury to analyze the facts and to determine when media coverage and other factors should have indicated a link between Risperdal and man boobs.

According to the plaintiffs’ attorneys, Johnson & Johnson has taken to the statute of limitations for defense and has left hundreds of Risperdal lawsuits in the balance. The decision of the appeals court will determine the fate of numerous male breast growth claims from former patients who had no prior warning to this side effect.

These Risperdal Lawsuits are Joshua W. v. Janssen Pharmaceuticals Inc. et al., Case No. 590 EDA 2015, and Jonathan S. v. Janssen Pharmaceuticals Inc. et al. Case No. 576 EDA 2015, in the Superior Court of Pennsylvania.