The Risperdal lawsuits are likely to become part of a multidistrict litigation (MDL).
Meetings to organize an MDL began back in May at the Complex Litigation Center of the Philadelphia City Hall.
At that time, May of 2014, 360 Risperdal gynecomastia lawsuits had been filed.
The number of Risperdal lawsuits has nearly doubled since then; there are 662 records of pending Risperdal gynecomastia lawsuits as of today, July 28th 2014, according to Philadelphia Courts, First Judicial District of Pennsylvania.
Most of these pending Risperdal lawsuits are awaiting consolidation into the Risperdal MDL.
These claims are being petitioned for placement in what is called a multi district litigation, or an MDL.
What is an MDL?
An MDL is a way of consolidating lawsuit claims of a similar nature to be heard in a federal court by a federal judge, rather than courts and judges all over America.
When you have hundreds of claims – as is the case in the Risperdal lawsuit – MDLs can be formed to process the pretrial steps to litigation for hundreds or thousands of claimants involved.
If a case is not either dismissed or settled in the pretrial stages, the plaintiff has the right to pursue litigation. The case will then be transferred back to the district where the complaint was originally made, and go to trial.
If you are offered a pre-trial settlement, it is your right to either accept or reject it. If you chose to reject any settlement offered our Risperdal attorneys are more than prepared to litigate in court on your behalf.
How is an MDL Created?
The Plaintiffs, Defendant(s), and federal courts all have the right to petition for an MDL.
Meetings began to organize a petition for a Risperdal MDL back in May of 2014.
When an MDL is petitioned for, the request is sent to the U.S. Judicial Panel on Multidistrict Litigation (JPML). It is JPML’s responsibility to determine is an MDL is warranted, and if it is, what district and judge will hear the case.
The JPML will review the claims and decide if they are similar enough to be considered on a consolidated, “mass tort” basis.
If they believe an MDL should be created, they will assign a US District court and judge to hear the case.
There currently is no Risperdal MDL, but it’s a likely direction this case may take.
What are the benefits to an MDL?
Unlike a Risperdal class action lawsuit, a Risperdal MDL would ensure that each claim filed has the chance to be considered individually, with a chance at a fair settlement.
MDLs also save time, efforts, and expense for all parties involved- the plaintiffs, defendants, and the court system.
A Risperdal MDL would ensure that the rulings on the Risperdal lawsuit claims are consistent, by placing all the pending claims in one courtroom, to be heard by one expert US judge.
The judge will most likely appoint a Plaintiff Steering Committee, or PSC.
A PSC is a group of lawyers who are chosen to represent all the plaintiffs filing lawsuits in an MDL. Having a PSC is an advantage because your lawyer is extremely familiar with the case, and has been appointed by a US District Judge to represent you, the client, and fight for your rights against Johnson and Johnson’s attorneys.
What are the Differences between a Risperdal MDL and Risperdal Class Action Lawsuit?
In a Risperdal class action lawsuit, there would be one lawsuit filed again Janssen, and there would be one lump sum awarded if a settlement was reached.
This settlement would be divided up equally among all the hundreds, if not thousands of plaintiffs involved, without respect to their individual medical conditions caused by Risperdal side effects, which can be painful and expensive to correct.
In a Risperdal MDL the cases would have a chance to be reviewed individually by Risperdal lawyers and the judge, and if the plaintiff is in any way uncomfortable with the settlement offered, they can chose to take the case to court and litigate in a Risperdal lawsuit.
Thus, you have more control over your case in a Risperdal MDL, rather than a Risperdal class action lawsuit because you are fighting for your own individual claim and can negotiate your settlement with your Risperdal lawyer.
How We Can Help in the Risperdal MDL
Attorneys Band Gates & Dramis works both directly and indirectly with the major attorneys on the case.
As mentioned earlier, the Risperdal MDL will most likely have a Plaintiff’s Steering Committee, or PSC assigned to handle the claims. We at Consumer Claims Center of America work with members of PSCs, and intend to do so again when the Risperdal PSC is appointed.
Attorneys Band Gates & Dramis acts as an expedited claims processing center, helping you build your case and getting it reviewed by the major lawyers specialized in the Risperdal lawsuit.
If you have been affected by Risperdal Gynecomastia and think you would like to make a claim, we can help you evaluate your case with a free consultation.
Band Gates & Dramis, and the Risperdal attorneys we work with do not charge a fee for our services until you collect your Risperdal settlement.
Simply fill out the online claims form on this page, or call the number below to speak with a live representative.
Risperdal Lawsuit Help
The Risperdal lawsuit is ongoing, and complicated.
In this article we will discuss the different charges Janssen Pharmaceuticals, the maker of Risperdal, is facing regarding illegal marketing practices with their drug Risperdal.
Janssen is putting profits over safety, putting lives at risk.Janssen Pharmaceuticals is a subsidiary of Johnson and Johnson.
Risperdal has a long, dark history of bribery, illegal marketing, and dangerous side effects.
Risperdal is a brand name, atypical antipsychotic medication. It’s active ingredient is called risperdone.
Janssen now faces many Risperdal lawsuits, and has already plead guilty to advertising the drug for “off-label” uses.
Off-label marketing is when a company advertises for a drug to be used for purposes that are not FDA approved; they are “off the label” uses.
What are the FDA Approved Uses of Risperdal?
Originally, Risperdal was released in 1993.
At first Risperdal was only FDA approved for treating psychosis in adults with schizophrenia. Risperdal was later FDA approved for children aged 5-17 to help with the irritability associated with autism spectrum disorders.
On August 22nd, 2007, Risperdal received FDA approval to be used for treating schizophrenia in adolescents aged 13-17, and short term treatment of mania, a symptom of bipolar disorder in kids age 10 and up.
Risperdal became the first atypical antipsychotic drug to be approved to treat schizophrenia and bipolar disorder in children.
However, doctors are urged to keep in mind that Risperdal has serious side effects such as weight gain, and can cause gynecomastia in adolescent boys.
Johnson and Johnson has been sued for marketing Risperdal illegally for use with children with ADHD, persons with intellectual disability, and older adults with dementia.
Prosecutors accuse Johnson and Johnson of targeting our most vulnerable populations with what is essentially a chemical restraint.
Janssen Pharmaceuticals is also accused of down playing the risks of Risperdal, while marketing the drug for unapproved uses. This is not the first time Janssen Pharmaceuticals has gotten into trouble over Risperdal.
Janssen Has a History of Illegally Marketing Risperdal
The current Risperdal scandal is certainly not the first: Janssen has been sued by numerous state governments for their unethical and illegal marketing of Risperdal.
Risperdal was sold illegally as a “chemical restraint” in nursing homes, putting lives at risk.Risperdal is not approved for use with dementia in the elderly, but it has been used for such in the past.
Risperdal becomes what is known as a “chemical restraint” in a nursing home setting, ensuring that elderly residents will sleep through the night. Charges brought forth against Janssen allege that the company pitched sales to nursing homes saying they would save money by need less staff thanks to the sedative effect of Risperdal.
Former employees of Janssen Pharmaceuticals began to step forward.
They were called whistle blowers. They came forward and testified against Janssen in state court.
Former Janssen Employees Testify in Risperdal Lawsuit
Whistle blower Judy Doetterl testified that she was pressured to sell Risperdal to elder care facilities, saying that 70% of her bonus depended on it.
Doetterl knew that Risperdal was not FDA approved for use with dementia, and complained to management. Her complaints were ignored.
Doetterl wasn’t the only whistle bower to come forward; 7 others testified against Janssen for their illegal marketing of Risperdal.
Kurtis Barry, another whistle blower in the Risperdal lawsuit, was a former regional sales manager for Janssen Pharmaceuticals. He testified that the CEO of Johnson and Johnson, Alex Gorsky, knowingly and willingly directed that Risperdal be marketed to the elderly for use with dementia.
“The decision to market, promote and sell Risperdal for off-label purposes to the elderly population was made affirmatively and deliberately by defendants’ executive and management personnel, and carried out under their authority and direction.” – Kurtis Barry
The problem is, Risperdal can be deadly for the elderly. The FDA has issued a blackbox warning on Risperdal packaging warning about the risks of taking Risperdal as an older adult.
The FDA Black Box Warning on Risperdal Labels.When given to older adults with dementia, Risperdal increases the likelihood of death from conditions such as pneumonia and stroke.
Risperdal is not, nor has it ever been approved for use with older adults with dementia.
Janssen Pays Risperdal Settlements
Janssen has lost over and over again in state courts across the nation, yet is careful not to own up to their actions, saying they agree with the principles the prosecutors are standing by, but do not feel as though they violated the law.
Janssen officials say they agree with the sentiment that medicine should only be used for FDA approved purposes, but they deny having participated in any wrong-doing regarding the marketing of Risperdal to children.
Janssen was also found to have been giving illegal and unethical incentives to doctors and hospitals to prescribe Risperdal.
Even though they deny wrong-doing in public statements, Janssen continues to plead guilty in the court room, paying billions in settlements.
The Risperdal scandal has resulted in the 3rd largest medical settlement in history.
Johnson and Johnson has been fined over $2.2 billion dollars for the inappropriate and illegal marketing of Risperdal.
The Risperdal lawsuit alleged that Janssen Pharmaceuticals illegally marketed Risperdal the the elderly and children with certain behavioral disorders.
Given that Risperdal isn’t approved for these uses, the prosecutor claimed Janssen Pharmaceuticals put some of our most vulnerable populations – children and the elderly – at risk, because Risperdal has serious side effects and can be deadly to the elderly.
Despite the large Risperdal settlement amounts being awarded on state and federal levels, Johnson and Johnson continues to profit on sales of Risperdal.
The Risperdal Gynecomastia Lawsuit
Can Janssen continue to rake in enough sales to break the law?
Janssen has been court-ordered to pay billions in Risperdal settlements, but Risperdal is still a profitable drug for Johnson and Johnson.
This is why many feel as though a lawsuit is the only way they can fight back after being manipulated and injured by a corporation like Johnson and Johnson.
We help the “little guy” fight back.If you have been affected by Risperdal gynecomastia you have experienced pain and suffering, weight gain, hormonal imbalance, and you may have needed corrective surgery for the gynecomastia.
If you have experienced these Risperdal side effects we strongly urge you to seek legal advice, as recovering from Risperdal gynecomastia can be an expensive and painful journey.
Attorneys Band Gates & Dramis offers free, no obligation Risperdal claims evaluations.
Plaintiffs in the current Risperdal lawsuit feel as though Janssen is liable for any damages, due to the aggressive nature in which Risperdal was marketed and the fact that Janssen chose not to warn users about the possible side effect of hormonal imbalance and gynecomastia.
To begin researching your claim with Risperdal lawyers today, fill out the online form on this page or simply call the number below.
We do not charge a fee unless you collect a settlement.