Risperdal Lawsuit – Class Action Information 2014
Risperdal is a antipsychotic medication used for the treatment of psychological disorders including schizophrenia manufactured and distributed by Ortho-McNeill-Janssen Pharmaceuticals a subsidiary of Johnson and Johnson. Recent studies have presented a link between the use of Risperdal and the development of male breast tissue amongst young males. Below is important information regarding the filing of class action of single party product liability lawsuits against the manufacturers of Risperdal.
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Class Action Lawsuit for Risperdal
Class action lawsuits take place when there are a large number of victim plaintiffs with a near identical claim against an individual defendant. In the United States class action claims are based on Rule 23 and 28 of the Federal Rules of Civil Procedure. Most class action lawsuits which include multiple plaintiff across numerous states are consolidated via Multi District Litigation within one jurisdiction. Several elements need to be shown in order for a group of plaintiffs to be indentified an consolidated under a class action lawsuit. 1. Commonality – common legal or factual claim amongst all party member. 2. Adequacy – the individual who is the representative plaintiff of the class is bale to adequately represent the rest of the members. 3. Numerosity – There are a large number of plaintiffs so as to make individual lawsuit impracticable. 4. Typicality – the claims of the plaintiffs are identical of close to identical. Should I Join A Class Action or File a Single Party Product Liability Claim: Class action lawsuits are usually beneficial for the judicial system because of the reduction in court costs and judicial efficiency. However in many instance victims of defective drugs would fare better if they file a single party lawsuit instead of joining a class. The main reason why a single party claim may be more beneficial than a class action is that in a class action all plaintiff receive an equal apportioned amount of the settlement amount despite an disparities in the severity of the injuries suffered. For example: one member of a class has $300,000 in current and future medical health needs while another member of the class has only $30,000. In a class action settlement both partied would receive the same amount. Deadline to Filing a Lawsuit for Risperdal – Statute of Limitations: The statute of limitations for filing a product liability claim varies based on the jurisdiction where the injury to the individual took place. For example the statute of limitations for filing a civil injury lawsuit in the state of California is 2 years from the date of the accident; while the statute of limitations in the state of North Dakota is 4 years from the date of the injury. For more the statute of limitations for all jurisdiction in the United States see here… Compensation Available for Victims of Dangerous Drug Side Effects Victims are entitled to compensation for all losses incurred due to severe adverse effects from the use of defective drugs. The value or monetary level of compensation is bases on sever factors including- Cost of medical and health care including revision and reconstructive surgery
- Future medical and rehabilitation costs
- Pain and suffering
- Mental anguish due to physiological trauma
- Lost wages and loss of future income
- Punitive damages – often awarded by court when defendants drug companies knew of the potential harm caused by the use of the medication but failed to warn the consumer.
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