A trial judge’s decision to establish a litigationwide cutoff date for when claims should have been brought against Janssen Pharmaceuticals over the drug Risperdal fails to apply standard discovery-rule principles, unfairly placing hundreds of cases at risk of dismissal, an attorney representing numerous plaintiffs told a Pennsylvania Superior Court panel Tuesday.
Kline & Specter attorney Charles “Chip” Becker told the three-judge panel the issue directly affects 275 cases that have been dismissed as a result of Supervising Judge Arnold New’s application of the statute of limitations in Risperdal litigation. Becker said it could also impact hundreds more in the Philadelphia Court of Common Pleas, where more than 2,000 cases are pending.
