Risperdal / Invega – Class Action

Risperdal / Invega – Class Action

Date of Initial Application: September 11, 2014

BE ADVISED THAT ON JANUARY 7, 2015, THE SUPERIOR COURT OF QUEBEC ORDERED THE SUSPENSION OF THE PRESENT QUEBEC (RISPERDAL/INVEGA) CLASS ACTION FILE, WHILE A SIMILAR NATIONAL CLASS ACTION PROCEEDS IN THE PROVINCE OF ONTARIO.

 

Important Notices (December 21, 2017):

The proposed class action proceeding in the Province of  Quebec (Canada) was amended in an important respect (a copy of the Corrected Amended Application for Authorization is posted on this page in PDF format).

The action is now limited to individuals suffering from gynecomastia and hyperprolactinemia only.  

Previously, the action included claims for other injuries such as weight gain and tardive dyskinesia.  This is no longer the case.  If you have a claim based on tardive dyskinesia or weight gain or anything else (other than gynecomastia or hyperprolactinemia) it is important that you commence your own legal action in a timely basis and before any applicable limitation period expires.  Almost all law suits must be commenced within a fixed period of time.  The commencement of a proposed class action suspended that time from running.  However, now that the proposed class action is no longer pursuing claims for the other damages, including tardive dyskinesia or weight gain, the time has begun to run again.  If this fixed time period expires before your action is commenced, your claim will expire and you will not be able to make the claim in the future.  We strongly recommend that you consult with independent counsel immediately with a view to commencing your action now.

The second significant change is concerning the Ontario action: the Ontario Statement of Claim had previously sought to include users of generic risperidone but the Court in Ontario has ordered the Ontario Plaintiffs to remove all claims regarding generic risperidone.  A copy of the most recent Statement of Claim in the Ontario proceedings is posted on this page in PDF format.

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Important Notice Regarding the Ontario Proceedings:  As of July 24, 2015, the proposed class action proceeding in the Province of Ontario (Canada) was amended in two important respects (a copy of the Ontario Order is posted on this page in PDF format).

First, the action is now limited to individuals suffering from gynecomastia and hyperprolactinemia only.  Previously, the Ontarian action included claims for other injuries such as weight gain and tardive dyskinesia.  This is no longer the case.  If you have a claim based on tardive dyskinesia or weight gain or anything else (other than gynecomastia or hyperprolactinemia) it is important that you commence your own legal action in a timely basis and before any applicable limitation period expires.  Almost all law suits must be commenced within a fixed period of time.  The commencement of a proposed class action suspended that time from running.  However, now that the proposed Ontario class action is no longer pursuing claims for the other damages, including tardive dyskinesia or weight gain, the time has begun to run again.  If this fixed time period expires before your action is commenced, your claim will expire and you will not be able to make the claim in the future.  We strongly recommend that you consult with independent counsel immediately with a view to commencing your action now.

The second significant change in the Ontario action is that the claim has been clarified to explicitly include users of generic risperidone, who like users of Risperdal, were not warned about the risks of developing gynecomastia and hyperprolactinemia.  Many individuals who thought they were taking Risperdal were, in fact, taking generic risperidone.  Some people may have been taking one or the other at different times without knowing it. The Ontario claim now alleges that the manufacturers of Risperdal should have warned users of generic risperidone about the risks of gynecomastia and hyperprolactinemia.

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