SC v. Janssen Pharmaceutica

Summary

In this pharmaceutical litigation proceeding, Plaintiff State of South Carolina alleged Jannsen, LP a subsidiary of Johnson and Johnson Inc of overcharging for its antipsychotic drug Risperdal (generically known as "Risperdone"). The alleged Medicaid overcharge damages by the plaintiff are said to run into the billions.The plaintiff claimed that Janssen Pharmaceutical had promoted Risperdal for non-medically acceptable and non-medically necessary uses, and had falsely represented that Risperdal was safer and more effective than less expensive first-generation antipsychotics.

This is the third jury trial involving a state's claims that Johnson & Johnson overcharged for its antipsychotic drug Risperdal. Pennslyvania asserted a simlar claim, but the case was dismissed in June, 2010, after the state had presented its evidence to a jury. But in Louisiana a jury awarded $257M against Johnson & Johnson last October, and in 2009 a West Virginia judge awarded $4.4M in damages.

The jury found that Janssen Pharmaceutica made willful misstatements on both the Dear Doctor Letter and the label/package insert.

The plaintiff was represented by attorney Donald Coggins. The defendant in this case, Janssen Pharmaceutical was represented by attorney Steven Pugh.


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Outcome

Janssen Pharmaceutica, Inc. found guilty for willful, unfair/deceptive acts and practices.
Johnson & Johnson: Not guilty