PA Supreme Court Weighing Risperdal Appeal on Statute of Limitations

Yesterday, the Pennsylvania Supreme Court heard oral argument from the parties in the appeals of Saksek v. Janssen and Winter v. Janssen, two cases where the plaintiffs alleged they developed gynecomastia from using Janssen's prescription drug, Risperdal. The cases were filed in Pennsylvania state court, in the Philadelphia Court of Common Pleas, and were dismissed as untimely under Pennsylvania's two-year statute of limitations for personal injury lawsuits. The plaintiffs appealed, and the Pennsylvania Superior Court affirmed, with the plaintiffs then taking further appeal. Oral argument yesterday before the Pennsylvania Supreme Court suggested that the justices may view the timeliness issue as one that should be entrusted to the review of juries once these cases advance to trial. At present, there are an estimated 7,000-plus Risperdal lawsuits pending in the Philadelphia mass tort program, and there may be as many as 2,500 impacted by the eventual ruling in these cases.