STORY FROM: Drugs & Medical Devices

Calif. Appellate Court Dismisses Plaintiff's Appeal in Risperdal Action as Untimely

LOS ANGELES — A California appeals court has dismissed an appeal filed in the wake of a $5.6 million verdict in a Risperdal wrongful death action, finding the plaintiff’s challenge of an award of summary judgment to Janssen on claims asserted on behalf of the decedent’s estate was untimely.

In a March 22 ruling, the California Court of Appeal, 2nd District, explained that the appeal should have been brought within 60 days after Janssen gave notice of the judgment’s entry on March 1, 2013. Plaintiff did timely file an appeal, but voluntarily dismissed that appeal, the appellate court noted.

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