J&J and Janssen Pharmaceuticals to Appeal Arkansas’s Risperdal Fine
In April 2012, jurors in Arkansas agreed that Johnson & Johnson, and its subsidiary Janssen Pharmaceuticals, misled Arkansas’s doctors and patients about the risks of the anti-psychotic drug, Risperdal.
Now, J&J has filed to appeal that ruling, and oral arguments have been scheduled for February 27th.
In the original 2012 ruling in Arkansas, jurors found that J&J and Janssen 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.
Louisiana and South Carolina also found Janssen and J&J guilty of violating consumer protection laws and fined the pharmaceutical manufacturer.
Now that J&J agreed to pay a $2 billion settlement to the US government in November 2013, however, the company is appealing the original Arkansas Risperdal ruling.
The recent federal settlement involved off-label Risperdal use in elderly patients with dementia, as well as children with behavioral disturbances related to schizophrenia. 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.
This settlement will be among the largest between pharmaceutical manufacturers and the US government.
The settlement with the US government does not end more specific personal injury cases involving Risperdal, which have been filed in several state courts, particularly Louisiana and South Carolina. In those personal injury cases, off-label use of Risperdal has been linked to personal injury such as excessive weight gain leading to Type 2 diabetes. Other personal injury lawsuits allege that Risperdal can increase hormone levels in boys and young men, which can lead to several long-term problems, as well as male breast development. Currently, at least 230 Risperdal lawsuits are pending in a mass tort proceeding, which is underway in Philadelphia Court of Common Pleas. However, there are more personal injury lawsuits against Johnson & Johnson pending in state courts all over the country.
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 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