Arkansas To Ask Court to Reconsider Risperdal Penalty

Attorney General Will Ask Arkansas Court to Reconsider Overturned Risperdal Penalty

On March 20th, a court in Arkansas overturned the $1.2 billion verdict against Johnson & Johnson for off-label marketing of its anti-psychotic drug, Risperdal, which was awarded in 2012.

Now, Arkansas Attorney General Dustin McDaniel announced that he will ask the state Supreme Court to reconsider its decision in the Risperdal verdict.

McDaniel announced on Thursday, April 3rd, that he would file a petition with the court, asking it to revisit the overturned Risperdal verdict, which ruled that the state misapplied the Medicaid fraud law against Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals.

“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 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.

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.

“I am disappointed that the court viewed the law differently,” Arkansas Attorney General Dustin McDaniel said. “Nevertheless, I will keep working to protect consumers against fraud and the kinds of irresponsible and greedy actions shown by Johnson & Johnson and Janssen Pharmaceuticals in their marketing of the drug Risperdal.”

The Strom Law Firm Can Help with Dangerous Drug Cases

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 pharmaceuticalsIf 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


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