{"id":25356,"date":"2012-07-26T22:12:48","date_gmt":"2012-07-27T02:12:48","guid":{"rendered":"http:\/\/1boringoldman.com\/?p=25356"},"modified":"2012-07-26T22:12:48","modified_gmt":"2012-07-27T02:12:48","slug":"jj-dodges-a-bullet","status":"publish","type":"post","link":"https:\/\/1boringoldman.com\/index.php\/2012\/07\/26\/jj-dodges-a-bullet\/","title":{"rendered":"J&#038;J dodges a bullet&#8230;"},"content":{"rendered":"<br \/>\n<blockquote>\n<div align=\"center\"><strong><u><a target=\"_blank\" href=\"http:\/\/www.foxbusiness.com\/news\/2012\/07\/26\/judges-uphold-dismissal-pennsylvania-risperdal-suit-against-johnson-johnson\/?\"><font color=\"#200020\">Judges Uphold Dismissal of Pennsylvania Risperdal Suit Against Johnson &amp; Johnson<\/font><\/a><\/u><\/strong> <br \/>    <strong><font color=\"#200020\">Fox Business News <\/font><\/strong><br \/>    by Peter Loftus<br \/>    July 26, 2012<\/div>\n<p>   <\/p>\n<div align=\"justify\"><sup><img loading=\"lazy\" decoding=\"async\" width=\"133\" vspace=\"4\" hspace=\"4\" height=\"132\" border=\"0\" align=\"right\" src=\"http:\/\/1boringoldman.com\/images\/risperdal-7.gif\" \/>A Pennsylvania appeals court handed a legal victory to Johnson &amp; Johnson [JNJ] by upholding the dismissal of the state&#8217;s lawsuit accusing the drug maker of improperly marketing the antipsychotic drug Risperdal.  The Commonwealth of Pennsylvania had filed suit against J&amp;J in 2007 seeking to recover expenses incurred by the state&#8217;s Medicaid program for reimbursing pharmacies for the purchase of Risperdal. The state alleged that J&amp;J had promoted Risperdal for unapproved uses &#8211; also known as &quot;off-label&quot; uses &#8211; and misrepresented the drug&#8217;s safety risks.<\/p>\n<p>    Judges in the Philadelphia Court of Common Pleas threw out the lawsuit in 2010, concluding the state didn&#8217;t provide sufficient evidence that J&amp;J&#8217;s marketing caused doctors to write off-label prescriptions for Risperdal.  The state appealed the trial court&#8217;s decision. But the Pennsylvania Commonwealth Court on Thursday affirmed the trial-court decisions. The appellate court said that because a drug manufacturer isn&#8217;t a provider of medical goods and services to Medicaid recipients, its conduct doesn&#8217;t support civil remedies under the state&#8217;s Medicaid Fraud Control Act.  J&amp;J&#8217;s Janssen Pharmaceuticals unit, which marketed Risperdal, said in a statement Thursday:<\/sup><\/div>\n<ul>\n<div align=\"justify\"><sup>&quot;The Commonwealth had no evidence of wrongdoing by our company and no basis for its lawsuit.&quot;<\/sup><\/div>\n<\/ul>\n<div align=\"justify\"><sup>An attorney representing Pennsylvania couldn&#8217;t immediately be reached.  While victorious in Pennsylvania, J&amp;J has had some costly legal losses related to its Risperdal marketing in other states.  In April, an Arkansas judge ordered J&amp;J to pay $1.2 billion after a jury found J&amp;J&#8217;s past marketing of Risperdal violated the state&#8217;s consumer protection laws. J&amp;J previously was ordered to pay $327 million in a South Carolina Risperdal case and $258 million in Louisiana. The company is appealing these cases.  In addition, J&amp;J is close to a potential $2.2 billion settlement of a U.S.-led investigation of J&amp;J marketing practices including those for Risperdal, The Wall Street Journal reported last week.<\/sup><\/div>\n<\/blockquote>\n<blockquote>\n<div align=\"center\"><u><strong><a href=\"http:\/\/www.philly.com\/philly\/blogs\/phillypharma\/JJ-wins-Risperdal-case-in-Commonwealth-Court.html\" target=\"_blank\"><font color=\"#200020\">J&amp;J wins Risperdal case in Commonwealth Court<\/font><\/a><\/strong><\/u><br \/>  <strong><font color=\"#200020\">Philadelphia Inquirer<\/font><\/strong><br \/>  by David Sell <br \/>   July 26, 2012<\/div>\n<p>  <\/p>\n<div align=\"justify\"><img loading=\"lazy\" decoding=\"async\" width=\"161\" vspace=\"4\" hspace=\"4\" height=\"83\" border=\"0\" align=\"left\" src=\"http:\/\/1boringoldman.com\/images\/tmap-10.gif\" \/><sup>Johnson &amp; Johnson celebrated a rare victory Thursday  in its multi-state court fights over marketing of the antipsychotic  drug Risperdal.Pennsylvania&#8217;s Commonwealth Court upheld the decisions of two  Philadelphia Common Pleas Court judges, who collectively, in effect,  dismissed a state-sponsored suit alleging J&amp;J&rsquo;s Janssen subsidiary  inappropriately profited from sales through the taxpayer-funded Medicaid  program. &quot;We are very pleased with the Pennsylvania Commonwealth Court&rsquo;s  unanimous decision that the trial judge was correct in granting our  motion for non-suit, which effectively dismissed the case filed against  the company in 2007,&quot; Janssen said in a statement.<\/p>\n<p>     <\/sup><sup>State officials did not respond to requests for comment, so its unclear if they will appeal. Rispderal is a approved by the U.S. Food and Drug Administration to  treat schizophrenia and bipolar mania, but other states won big-money  court fights over allegations that Janssen paid kickbacks to officials  or marketed the drug for other ailments, sometimes for use in children.  Medicaid is a state-federal health-care program for low-income citizens.       <\/p>\n<p>J&amp;J agreed to pay $158 million to stop a trial in Texas. Though  appeals are pending, it lost in South Carolina ($327 million), Louisiana  ($258 million) and Arkansas ($1.2 billion). The company is negotiating  with the federal government and reports suggest it might pay as much as  $2.2 billion. Though concepts might transcend state lines, evidence does not always make it across. But in Pennsylvania, the Commonwealth Court essentially agreed with  J&amp;J attorney Edward Posner of Drinker Biddle who argued on May 16 in  the Philadelphia hearing that the commonwealth had shown &ldquo;a complete  and total failure&rdquo; to prove its case.<\/p>\n<p>  <\/sup><\/div>\n<\/blockquote>\n<div align=\"justify\">Among the J&amp;J suits, this one is the hardest one for me to understand. Pennsylvania is where whistle-blower Allen Jones worked when he discovered the improper diversion of funds by J&amp;J to bring Texas&#8217; Mental Health Director, Dr. Stephen Shon, to PA to hawk his TMAP program. That was the beginning of the unraveling of J&amp;J&#8217;s scheme to induce state government systems to preferentially use their drug [Risperdal]. When Jones was fired for investigating, he successfully sued in Psennsylvania and then filed his whistle-blower suit in Texas against J&amp;J which was settled in January for $158 M &#8211; setting off a cascade of suits in other States with escalating awards. The Pennsylvania suit was thrown out after a partial trial in 2010, and now has not been successful on the appeal of that dismissal. In spite of large settlements in South Carolina, Louisiana, and Arkansas [all of which are being appealed], the only case they&#8217;ve actually paid on is in Texas where they settled during the trial in the face of damning testimony from medical experts &#8211; though a large $2.2 B Federal settlement looms in the near future. Having heard the evidence in the Texas Trial, it&#8217;s hard to imagine that they were behaving any better in Pennsylvania. The only thing I can figure is that Jones&#8217; discovery came early and they hadn&#8217;t yet gotten their scam going&#8230;<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Judges Uphold Dismissal of Pennsylvania Risperdal Suit Against Johnson &amp; Johnson Fox Business News by Peter Loftus July 26, 2012 A Pennsylvania appeals court handed a legal victory to Johnson &amp; Johnson [JNJ] by upholding the dismissal of the state&#8217;s lawsuit accusing the drug maker of improperly marketing the antipsychotic drug Risperdal. The Commonwealth of [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_forum_subforum_count":0,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-25356","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/posts\/25356","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/comments?post=25356"}],"version-history":[{"count":12,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/posts\/25356\/revisions"}],"predecessor-version":[{"id":25368,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/posts\/25356\/revisions\/25368"}],"wp:attachment":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/media?parent=25356"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/categories?post=25356"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/tags?post=25356"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}