Companies that manufacture pharmaceutical products must ensure that their products are safe for consumers. Drug companies that put profits before people endanger patients taking their medications. The Jackson defective drug attorneys of Coxwell & Associates have years of experience helping people in Mississippi injured by defective drugs. If you or a family member has been injured by the side effects Risperdal or Invega, we may be able to help you seek compensation for your injuries.Risperdal and Invega Have Been Linked to Serious Side Effects in Boys
Risperdal and Invega are drugs used to treat bipolar disorder or schizophrenia. Coxwell & Associates are investigating these drugs because they may cause young boys to develop gynecomastia, a condition that leads to the development of breasts in boys, necessitating serious surgery to correct the problem. Risperdal lawsuits are pending.Mississippi Law Protects Patients Who Suffered Side Effects of Risperdal or Invega
Mississippi law gives people injured by a defective product the right to file a product liability lawsuit. Most people injured by a prescription drug plead a failure to warn as defined by Miss. Code Ann. § 11-1-63.
To prevail in a failure to warn case, Mississippi law requires the plaintiff to prove by a preponderance of the evidence that:
Evidence that Risperdal could cause gynecomastia in boys and that the defendant did not warn of this side effect would prove the first two required elements. To prove the third element, the plaintiff would use his medical records and the testimony of expert medical witnesses. For the last element, most plaintiffs choose to prove that the defendant, through reasonably available knowledge, should have known that the side effect existed and that consumers would not have discovered it.
Note that Mississippi law requires plaintiffs to bring a product liability lawsuit no later than three years from the date of the injury. Failure to meet this deadline, called the statute of limitations, could result in the case being dismissed from court, which bars the plaintiff from recovering any compensation for his injuries. It is therefore important for a person injured by a defective drug to contact an attorney as soon as practicable.Prevailing Plaintiffs May Recover Damages
A plaintiff who brings a successful product liability lawsuit is entitled to money damages as compensation for his injuries. Economic compensatory damages reimburse the plaintiff for expenses caused by his injuries, such as past and future medical bills and lost wages, if any. In addition, plaintiffs who have experienced pain and suffering or emotional distress can collect noneconomic compensatory damages.
Punitive damages in Mississippi are allowed under Miss. Code Ann. § 11-1-65. Under this standard, plaintiffs must show that the defendant acted with actual malice or gross negligence, which is a reckless disregard for the safety of others. The total amount of punitive damages allowed in Mississippi is capped in proportion to the defendant’s net worth.Stand Up to the Drug Companies
Drug companies make billions of dollars manufacturing the drugs that are supposed to keep us healthy. When those companies let greed motivate their decisions, consumers pay the price. The Jackson defective drug lawyers of Coxwell & Associates have helped many Mississippians seek compensation for injuries caused by defective pharmaceutical products. If you or your son has been injured by Risperdal or Invega, call (877) 231-1600 or fill out our online contact form to schedule a free consultation.