Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is a Risperdal lawsuit and who can file one in New York?
A Risperdal lawsuit is a product liability claim against Johnson & Johnson and its subsidiary Janssen Pharmaceuticals for failing to adequately warn patients and doctors about serious side effects, most notably gynecomastia (abnormal breast tissue growth) in male users. In New York, any patient who suffered a significant adverse effect after taking Risperdal — or a parent filing on behalf of a minor — may be eligible to pursue a claim. Courts have found that J&J knew about the gynecomastia risk for years before updating its warnings.
What side effects are the basis for Risperdal lawsuits?
The most litigated side effect is gynecomastia, which causes males — including young boys prescribed the drug off-label — to develop breast tissue, sometimes requiring surgery. Other alleged injuries include hyperprolactinemia (elevated prolactin hormone levels), tardive dyskinesia, and other neurological effects. New York plaintiffs have also raised claims tied to the drug being marketed off-label for unapproved uses in children and the elderly, which the company paid over billion to resolve federally in 2013.
How long do I have to file a Risperdal lawsuit in New York?
New York’s general personal injury statute of limitations under CPLR §214 gives you three years from the date of injury — or from the date you discovered (or reasonably should have discovered) the injury — to file a lawsuit. For minors, the clock typically does not start until they turn 18, giving them until age 21 under standard tolling rules, though you should consult an attorney immediately since this area of law has nuances. Do not wait: evidence and witnesses become harder to secure with time.
What compensation can I recover in a New York Risperdal lawsuit?
Recoverable damages in a NY product liability claim can include medical expenses (including surgery to correct gynecomastia), lost wages, pain and suffering, and emotional distress. New York does not cap compensatory damages in personal injury cases, so the value of a claim depends heavily on the severity of the injury and the strength of the medical evidence linking it to Risperdal. No specific outcome is guaranteed — speak with a qualified NY attorney to evaluate the merits of your individual case.