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Risperdal / Risperidone Claims

Home » Personal Legal Services » Medical Negligence Claims » Risperdal / Risperidone Claims

What is Risperdal?

Risperdal or Risperidone is an atypical antipsychotic drug that is prescribed in the following conditions:

  • Schizophrenia
  • Bipolar Mania
  • Adjunctive Therapy
  • Irritability associated with autistic disorder

Risperdal risperidone

Key Facts:

  • In the United States of America, it was the 159th most prescribed medication with nearly 4 million prescriptions administered in 2016
  • It is available as a tablet, an oral solution and injection
  • It is known across the world by different names such as Risperdal, Risperdal Quicklets, Risperlet, Risperdal Consta, Risperdal M-Tab and Risperidone

History:

It was approved by the United States Food and Drug Administration in 1993 for the treatment of schizophrenia. It was not approved for use in children or the elderly at that time. Johnson and Johnson tried on a number of occasions in the 90s to gain approval for these age groups without success. They, however, ran illegal marketing campaigns to target these groups for  ‘off label use’.

They provided perks to GPs and hospital that prescribed the drugs, such as financial kickbacks. One marketing manager even proposed lollipops and toys with their samples. They also developed a profit-sharing scheme with the largest nursing home in USA. Risperdal was then subsequently approved in 2003 for the treatment of bipolar disorders.

  • In 2006 it was then approved for irritability associated with children and teenagers
  • In 2007 it was then approved for treatment for schizophrenia in children aged 13-17
  • By September 2008, Risperidone was licenced for use in the UK

Common Side Effects:

  • Tiredness with associated drowsiness and fatigue
  • Fever
  • Weight gain
  • Feeling hot or cold
  • Headaches
  • Jerky movements of head, neck, body, eyes or arms
  • Increased appetite with weight gain
  • Nausea, vomiting, constipation, stomach pain
  • Flu-like symptoms such as a runny or stuffy nose, sore throat, cough
  • Increased risk of suicide
  • High blood sugar levels
  • Neuroleptic malignant syndrome
  • Tardive dyskinesia
  • Risk of dying in older patients

If you are taking Risperdal and have suffered from any of the more severe symptoms, then you must advise your doctor immediately.

It also has the ability to combine with other medicines, such as:

  • Cold and flu remedies
  • Sleeping tablets
  • Muscle relaxants
  • Depressions tablets
  • Medicines to treat Parkinson’s disease.

It should also not be prescribed to pregnant or lactating women as it can pass across breast milk.

Legal Issues:

Timeline:

  • April 2012:

Johnson and Johnson was fined $1.2 billion as the jury found that the company had not emphasised enough the risks associated with Risperidone in 2012. This decision was then reversed by the Supreme Court.

  • August 2012:

Johnson and Johnson then agreed to pay $181 million to 36 US states to settle claims that it had promoted risperidone for unapproved uses including dementia, anxiety and anger management. The settlement included $485 million in fines in relation to False Claims Act allegations.

  • November 2013:

They were back at Court and fined $2.2 billion for illegal marketing for people with dementia. Other cases include children were taking the drug who grew breasts. Presently there are 1,500 cases being pursued.

  • February 2015:

$2.5 million was awarded to a man from Alabama.

  • November 2015:

$1.75 million awarded to a further claimant.

  • 2016:

There was a $70 million verdict against them.

 

In 2015 there were another 4,200 cases being fought in USA against Johnson and Johnson. In 2018 this had risen to 13,500 cases.

Johnson and Johnson has made over $30 billion in sales from Risperdal, and although they have paid out huge amounts on settlements it is still only a fraction.

 

How do I make a claim?

If you feel that a medical professional has prescribed you this drug wrongly or continued to prescribe this drug, then you could be entitled to compensation. You may also be able to claim if you have been prescribed this drug and have not had regular medication reviews or if the medication was stopped without utilising an appropriate weaning period.

The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

You have three years to bring about a claim from the initial prescription or from the date you became aware that the medication was the cause of your problems so do not delay. We add that this three year period will not apply to everyone and therefore if you believe you have been affected, please contact us as soon as possible to discuss this aspect further.

How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

  • Firstly we will pursue compensation known as general damages. This is an award of money for the pain and suffering you have endured as a result of the negligence.
  • Secondly we will pursue compensation known as special damages. This is an award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case specific.

Why use Oakwood Solicitors to make your Clinical Negligence case?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a “no win no fee” agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost. If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point. The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

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Meet the Head of Department

Carol Cook

Head of Department - Medical Negligence

0113 200 9780

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