Are Risperdal Cases Generally Mass Tort Cases?

The cases I have tried have been individual cases as well as mass tort cases. The early cases we tried involved individuals but now there are a couple of different consolidations of these cases in different parts of the country. There are still cases that are not consolidated that are moving forward.

Like most other drugs and device cases, it is a mixed bag where the majority of them are a part of a group but there are also some cases that are outside the group and that are moving towards trial dates.

These Are Generally Tough Cases To Go Up Against Janssen Or Johnson & Johnson

I think the drug companies are defending themselves on a case by case basis, either up to the courthouse steps or through trial, depending on how their lawyers felt about the strength of their defense.

There would never be any way to know what a jury would do, and there would be no way to know what evidence the judge would let into the case. If the evidence was limited, it could make it very tough to meet the plaintiff’s burden of proving a defect in a product or in the warnings, and that those defects caused somebody to have a condition that could exist outside of Risperdal use.

In some cases, adolescent boys who are going through puberty may develop abnormal breast tissue even without Risperdal, which sometimes makes these cases as tough as any other case, and maybe even tougher. We would be going up against the biggest drug company on the face of the planet, Johnson & Johnson, and they have endless resources.

How You Can Move Forward With A Claim Against Johnson & Johnson or Janssen

A person would have to start the process at some time and the sooner they started it, the sooner they would be able to get some sort of resolution, whether it was through a settlement or trial.

I would encourage anybody out there who has been injured by a drug or device to do something about it because if they do not, then there might be other victims down the line.

We constantly have to try to level the playing field that would never be level because we just do not have the resources these companies do. We do not have access to the information they do. They are for the most part a self-policing industry because the FDA, try as they might, does not have the resources to fully oversee and really make a difference.

This is why we see a lot of these drugs and devices hit the market. Then two or three years later, we see the post-market surveillance where we get to see what actually happens with these products versus what the manufacturer said would happen. Then we see it could not be any different.

Someone who has been affected by these cases should not be discouraged about how long things can take. They would need to be willing to wage this war because it would eventually end. They would actually be doing it for the greater good by holding these companies responsible just like we have to hold everybody else responsible.

Without laws and without people being held responsible, we would end up in chaos and society would not exist.

The Drug Company Generally Does Not Accept Responsibility For The Side Effects

They seem to be denying it quite wholeheartedly across the board. The cases they do settle, they do so confidentially without admitting any fault and then they appeal the jury verdicts that are rendered against them. There are probably no cases out there against the company, regarding drugs or devices, where the company has actually admitted any liability or any fault.

It is completely a tragedy that the drug company could be fined $2.2 billion by the Department of Justice and have to pay civil and criminal penalties for their off-label promotional activities, yet the people harmed by this drug still need to drag them into court and take the risk and spend the money on trying to hold this company responsible.

It is actually a really absurd situation.

Our Firm Represents People From All Over The Country In These Cases

We certainly have a large number of clients from outside of Alabama who we represent. We are happy to represent people from outside our state.

Obviously, we like handling cases for the people in our backyard, because we like to keep our community safe, but we truly believe that a person in South Carolina would need to be represented in the same way and that ultimately state lines are not even real.

It would not matter to me if a client was from South Carolina and had gynecomastia from Risperdal, I would want to represent them and I would want to see South Carolina become safer too.

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