According to a September 28, 2016, article in The Legal Intelligencer (titled Counsel Aims to Save Risperdal Cases, Challenging Cutoff Date), Judge Arnold New has issued a statute of limitations ruling in Risperdal drug injury litigation that can adversely affect hundreds of cases. The ruling establishes June 30, 2009, as a cut-off date for the institution of Risperdal gynecomastia claims against drug maker Janssen Pharmaceuticals. According to the ruling, anyone who suffered from the gynecomastia (“female” breasts in males) side effects of Risperdal should have been aware on or before June 30, 2009, that their use of Risperdal caused this injury.
Attorneys for plaintiffs who have sustained Risperdal gynecomastia injuries challenged the ruling in Pennsylvania Superior Court on the grounds that the ruling failed to apply discovery rule principles that should be followed in setting a statute of limitations cut-off date. Individual plaintiffs, argued attorney Charles “Chip” Becker of Kline & Specter, had unique access to information about the gynecomastia effects of Risperdal so that many may not have been able to connect their use of Risperdal to gynecomastia prior to June 30, 2009. If the ruling is allowed to stand, hundreds of Risperdal cases against the drug maker may be dismissed.
The Philadelphia drug injury lawyers at Feldman & Pinto are currently evaluating cases involving gynecomastia and diabetes side effects of Risperdal.