Arkansas Court Says It Will Not Reconsider Tossing Risperdal Penalty
The Arkansas Supreme Court says that it will not reconsider the March 20th ruling that overturned the $1.2 billion penalty for Johnson & Johnson’s off-label marketing of Risperdal.
In early April, Arkansas Attorney General Dustin McDaniel announced that he would ask the state’s Supreme Court to reconsider the Risperdal verdict. However, the court ruled on April 25th that it would not overturn the ruling that tossed out the penalty against the drug manufacturer.
“I am extremely disappointed that the court decided to deny the petition in this case, considering the basis for the court’s original decision was never addressed until oral argument. That parted with longstanding precedent, and it was impossible for either party to adequately respond to the concerns raised at that time,” McDaniel said in a statement.
He added that the court’s ruling establishes uncertainty for businesses.
Janssen Pharmaceuticals, the subsidiary of Johnson & Johnson that manufactures Risperdal, said in a statement: “This case was thoroughly reviewed by the Supreme Court in its original decision, and we are pleased the court has decided not to grant a rehearing of the matter.”
In 2012, an Arkansas jury agreed that J&J and Janssen Pharmaceuticals misled Arkansas’s doctors regarding Risperdal’s safety. The judgment found that the pharmaceutical company engaged in “false or deceptive acts” regarding a 2003 letter touting Risperdal as safer than competing drugs. The letter was sent to more than 6,000 doctors across Arkansas, and J&J was fined $1.25 in penalties for the false claims, or $5,000 for each of 240,000 Risperdal prescriptions paid for by the state Medicaid program in a 3 ½ year period.
“Since the outset of this lawsuit, we have maintained that we did not violate Arkansas’ Medicaid Fraud False Claims Act or the state’s Deceptive Trade Practices Act, and we were gratified to have our position validated by the court’s decision,” J&J and Janssen announced when the Risperdal verdict was overturned.
In a separate federal level act, the Justice Department settled an off-label Risperdal lawsuit with J&J for $2.2 billion, which resolved all criminal and civil allegations that the company promoted the powerful antipsychotic for inappropriate use, included in elderly dementia patients and young children. According to the original lawsuit, Johnson & Johnson and their subsidiary Janssen promoted Risperdal for off-label and unapproved uses between 1999 and 2005, such as controlling aggression in elderly dementia patients, as well as behavioral disturbances in children. Risperdal was approved in 1993, launched in 1994, and lost patent protection in 2008; the FDA did not approve pediatric use of the drug until 2006.
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The Strom Law Firm, L.L.C. is a leader in the consumer protection battle against dangerous prescription drugs and medical devices, like Risperdal. We represent individuals who have been killed or injured by dangerous or defective pharmaceuticals. If you or a family member have been injured or killed after using a dangerous drugs or medical products such as Risperdal, contact our dangerous drug lawyers as soon as possible so that we can begin taking steps to preserve evidence and your claim immediately. We offer free consultations to discuss the facts of your case. 803.252.4800
