Six Pennsylvania justices have ditched two upcoming deadlines for Risperdal litigation that would have prevented potentially thousands of Risperdal gynecomastia suits.

The Supreme Court of Pennsylvania was split, but six out of the seven justices on the bench agreed to throw out two upcoming dates which lower courts had set for patients, by which they said patients should have known about the potential link between Risperdal and gynecomastia breast growth.

Risperdal is a popular antipsychotic used to treat a variety of mental and mood disorders and is manufactured by pharmaceutical giant Johnson & Johnson. It has been approved to treat a number of disorders in adults, but is sometimes used off-label for various conditions in children.

Unfortunately, the use of Risperdal has been linked with a condition known as gynecomastia, or excessive male breast growth that sometimes even leads to lactation.

A Philadelphia court, along with an intermediate appellate court, both ruled previously that there was enough information available about the risk of Risperdal gynecomastia by 2006 to trigger the running of a two-year limitations period from that point. This evidence included a 2006 label change to the Risperdal bottle, as well as a slew of ads, journal articles, and media reports about the link, that the lower courts said should be enough for the common person to link their injuries to the drug. This two-year timeline, starting on Oct. 31, 2006, would have blocked about 20 percent of the cases that had already been consolidated in the Philadelphia mass tort.

A trial judge rejected the 2006 date back in January 2015, noting that patients wouldn’t necessarily have had a reason to keep checking the label for updates if they’d already stopped taking the drug. However, the judge ruled that other available evidence, including ads and articles available online, meant that patients who had taken Risperdal should have known about their ability to make claims against Janssen by June 31, 2009.

The Superior Court of Pennsylvania panel then took on these cases, and again pushed that date for the statute of limitations to kick in back to 2006, marked once again by the update to the Risperdal label change.

But now, the majority of justices on the Supreme Court of Pennsylvania have tossed out both of these previously-agreed-upon dates marking the point at which patients should have been able to connect their gynecomastia problems with Risperdal usage.

“Today’s ruling reinstates the legal rights of thousands of people with valid Risperdal claims,” said the attorneys for the plaintiffs in a statement following this ruling. “Combined with the affirmance of three jury verdicts and the reinstatement of the right to punitive damages, this litigation now has all of the legal impediments resolved, enabling a pathway forward for full compensation for those who were injured as a result of Johnson & Johnson’s illegal off-label promotion and marketing of a powerful antipsychotic adult drug to children.”

Filing a Risperdal Gynecomastia Lawsuit

If you or someone you love has suffered from side effects of Risperdal, including gynecomastia breast growth, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by these complications, but they can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Risperdal Side Effects Lawsuit Investigation

If you or your son took Risperdal and experienced any of the following Risperdal side effects listed below, you may qualify to pursue compensation for your injuries:

• Male breast growth
• Man boobs
• Gynecomastia
• Painful breasts
• Nipple pain
• Nipple discharge

See if you qualify by filling out the form on this page for a free case evaluation by a Risperdal gynecomastia attorney. 

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