Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who can file a Risperdal lawsuit in New York?
Anyone who took Risperdal (risperidone) and suffered serious side effects — most commonly males who developed gynecomastia (abnormal breast tissue growth) — may be eligible to file a lawsuit. Parents or guardians may also file on behalf of a minor child who was prescribed the drug off-label and suffered harm. An attorney can evaluate whether your specific injuries and circumstances support a claim in New York.
What injuries qualify for a Risperdal lawsuit?
The most widely litigated Risperdal injury is gynecomastia in male patients, including adolescent boys prescribed the drug off-label. Other documented side effects that may support a claim include tardive dyskinesia, diabetes, stroke, and severe weight gain. To pursue a lawsuit, you generally need medical records linking your diagnosis or prescription to the harm you suffered.
How long do I have to file a Risperdal lawsuit in New York?
New York imposes a 3-year statute of limitations on personal injury claims under CPLR §214. Under CPLR §214-c, New York's discovery rule for latent injuries, the clock may instead run from the date you reasonably discovered the injury and its connection to Risperdal. For minors, the clock typically does not start until they turn 18. Because deadlines depend on your specific facts, you should consult a New York attorney as soon as possible to avoid losing your right to sue.
What does the Risperdal lawsuit process look like?
Filing a Risperdal lawsuit typically begins with a free case evaluation, followed by your attorney gathering medical records, prescription history, and expert opinions. Many Risperdal cases have been resolved through settlements, though outcomes vary by plaintiff and are never guaranteed. In New York, your attorney will file suit in state or federal court and guide you through discovery, any settlement negotiations, and trial if necessary.