There have been many cases of children who suffer from Risperdal-induced tardive dysphoric disorder (R TD). The only known cause for this distressing condition is the long-term, sustained use of some specific prescription sleep medications, such as Risperdal. In some cases, however, some Risperdal users will experience TD much sooner than others, making it impossible to determine how many individuals this condition currently afflicts. However, for those who do not experience early intervention, there is an alternative available in the form of a lawsuit.

This alternative, also known as a motionless tardive dystrophy lawsuit, has recently become available to prospective plaintiffs. If you are currently suffering from TD or have a loved one who is, it may be to your advantage to consult with a qualified attorney who is familiar with the laws in your state concerning tardive dystrophy. By bringing your case in the appropriate court, you may be entitled to financial compensation for the medical expenses you have incurred as a result of your condition. In most states, you may also be entitled to compensation for loss of earning capacity, lost wages, a reduced lifestyle, and pain and suffering.

For some reason, it seems that insurance companies prefer to limit the amount of compensation to which a person may be entitled. As a result, you may be offered a relatively paltry sum in return for signing a form acknowledging that you have been diagnosed with TD. (This form is often attached to your Medicare or Medicaid card.) If you do sign this waiver, bear in mind that this sum could be completely wiped out by the courts when determining the settlement amount. (The same is true for secondary or third-party liabilities.) A good suggestion is that you retain the services of a competent tardive dyskinesia lawsuit attorney.

The most common question posed by persons suing under the heading of a risperdal tardive dyskinesia lawsuit is: Can a plaintiff receive compensation for prescription medication use, even if there is no clear link to an underlying disease? Answer: Yes. In fact, the Supreme Court of the United States has held that it is not unreasonable for a plaintiff to claim compensation for use of a non-FDA-approved drug even if there is no evidence linking the drug to her or his condition. This is known as the comparative deference rule. The court has also held that once a plaintiff has suffered a direct injury caused by the use of drugs that the drug’s manufacturer was aware of or should have known of, a plaintiff is entitled to recover damages for the harm. In other words, if a drug manufacturer knows or should know that a drug is dangerous, it may be up to the manufacturer to control the risks inherent in using the drug.

A recent example of a case where a plaintiff won a lawsuit after suffering a relapse of psychosis associated with schizophrenia and using risperdal tardive dyskinesia lawsuit attorneys who were later involved in the case said that the defendant failed to warn the plaintiff of the risks inherent in the drug. The plaintiff also alleged that the defendant failed to warn of the risk of treating her particular condition with risperdal and/or risperdal tardive dyskinesia tablet 10s. Although the FDA acknowledged that the two drugs are generally safe, the FDA stated that it was aware of one case in which patients taking both drugs were at risk of suffering from psychotic symptoms and died later in a nursing home.

In an effort to avoid the possibility of liability for such a lawsuit, pharmaceutical companies are often amenable to settling the lawsuit out of court. This does not always pan out in the best interest of the victim’s attorney, however. Pharmaceutical companies are well aware of the fact that courts are sympathetic to the claim that the plaintiff could have suffered permanent disability or even death from their drug use, but are also aware of the fact that such cases are quite expensive to bring. Therefore, many companies choose to settle out of court rather than risk having the case go to trial and cost them a lot of money.

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