It has been found that current users of risperidone have approximately four times the risk of developing gynecomastia than non-users. In cases of children and adolescents users of risperidone, the risk of gynecomastia is five times higher than in non-users. The risks have been estimated to be as high as 69% of male adult users of the drug.
Before proceeding further, it should be noted that the current laws as unjust as they are do not allow these types of suits directly against generic drug makers. The law is in flux, but currently our firm must unfortunately limit our case evaluations to those involving the branded drug Risperdal against the manufacturer Janssen Pharmaceuticals.
If your child has suffered gynecomastia and was or is using Risperdal, you should take seek legal counsel immediately. For cases occurring in New Mexico, the Collins & Collins, P.C. can be reached at (505) 242-5958.
Well Established Risks and Relationship Has Led to Hundreds of Lawsuits Nationwide
The well-defined relationship between the risperidone and gynecomastia has led to hundreds of cases being filed on behalf of children harmed by Risperdal. The early cases to be litigated are showing that the courts and juries both recognize the problem and are willing to assign significant financial responsibility against Jannsen. A number of the jury awards are in the millions.
Cases Filed in Federal Court Often as Part of Multi-District Litigation
These cases must be filed in federal court. They are often, but not necessarily filed along with the multi-district litigation going in states around the country. A multi-district litigation is not a class action although many might equate the two. The cases proceed individually but with many benefits that accrue to injured patients in multi-district litigation.
There are complicated issues regarding the jurisdiction where the cases are filed. It is important that the case be filed in a favorable jurisdiction regarding the laws and deadlines associated with the claims. New Mexico has favorable laws on personal injury claims and in particular statutes of limitations for claims on behalf of children. In fact, in the recent past New Mexico has earned the title of “Judicial Hellhole” for corporations and medical providers who have harmed the public.
Failure to Warn of Risks is Basis for Liability
The basis for both the suits and the successful outcomes have been based upon the elevated risks. More importantly, they have been related to the failure to warn of those risks.
The failure to warn or even acknowledge the risks is inexcusable and juries have found as much with verdicts often in the millions. It is particularly disgusting in light of the fact that the drug companies have preyed upon the most vulnerable among us: children (and their families) suffering from a range of very serious mental health disorders such as bi-polar, schizophrenia and autism.
The companies should be held to account for their practices and they will be judging by the early trial successes.
Punitive Damages are an Important Element of Damages in Pharmaceutical Cases
Because the behavior is so atrocious in its blatant disregard of patient safety despite the well established risks, the awards may include large punitive damages element in addition to other recoverable damages. This is particularly important for New Mexico patients where again New Mexico has more favorable laws than many states on the award of punitive damages. In fact, New Mexico simply goes a little further than most and a lot further than some in protecting consumers and patients from some pretty outrageous and dangerous corporate conduct.
Punitive damages are critically important in cases such as these making the pharmaceutical companies do a more patient oriented cost-benefit analysis before marketing dangerous drugs.
Seek Legal Guidance Right Away
In any event, they are complex and suggest the immediate enlistment of an experienced attorney. For cases occurring in New Mexico, the Albuquerque law firm of Collins & Collins, P.C. can be reached at (505) 242-5958. There are important deadlines to keep in mind. Delay is rarely if ever a proper approach.
Personal injury claims on behalf of children are typically extended in New Mexico to the child’s 19th birthday. These would apply to the claims against the pharmaceutical companies. On the other hand, there are a number of loopholes for doctors and other medical providers that would shorten the statute of limitations to the child’s 9th birthday. It is extremely important to understand and abide by these deadlines. Missing one can and typically does bar the claims completely.