Jury Must Decide PA Supreme Court Ruling
Before a civil lawsuit can proceed to court, the court first decides if it should. The Pennsylvania Supreme Court made a big decision in November of 2019. The court ruled certain cases dismissed in lower courts must go before a jury. A jury must decide how the statute of limitations applies in two different product liability cases. This is big news for people with lawsuits against Risperdal and Zimmer Hip implants.
Lower Courts Rejected Cases
Plaintiffs against Risperdal and Zimmer were dismissed in lower courts. But, in appeals, their cases will have a chance to go before a jury. The courts previously dismissed the cases due to expired statute of limitations. However, the beginning of the statute’s time limit can be a little gray in some cases. The Pennsylvania Supreme Court says a jury must decide.
Supreme Court Decision
While the lower courts sided with Johnson & Johnson and Zimmer, the PA Supreme Court did not. But the PA Supreme Court did not side with the plaintiffs either. Instead, the justices advised the lower courts must allow the cases to go to trial. This isn’t a win yet.
A Jury Must Decide
The Pennsylvania Supreme Court rulings allow these cases to proceed through the court process. This means both sides will get to present their case to a jury. Then, the jury will decide if each case is within the statute of limitations. If so, a jury will determine a monetary award to the plaintiffs.
While the decision directly affected two specific cases, it also allows others to move forward. Thousands of cases were in limbo.
Thousands Of Cases Against Risperdal And Zimmer
So far, thousands of people have stepped forward against these two companies. Though their products are un-related, the problem is the same. The product liability statute of limitations is too short. Medical patients often don’t know there is a problem until it is too late. The statute of limitations runs out, leaving patients without options.
When To Call A Product Liability Lawyer
If unknown side effects cause ongoing health problems, talk to a lawyer. Risperdal cases involve side effects that weren’t listed with the medication. Zimmer lawsuits involve defective hip implants. Both companies knew about the problems with their products before telling patients.
Free Legal Consultation
Calling an experienced injury attorney is the first step. A free legal consultation will help you understand your options. Call or text us anytime at 215-232-1000 to talk to a lawyer. Or use our online contact form to schedule a free consultation.