J&J Convinces Arkansas Court to Reverse Risperdal Lawsuit Decision from 2012
Johnson & Johnson has overturned a two-year old Risperdal lawsuit verdict in Arkansas Supreme Court that found the company liable for $1.2 billion in damages related to its anti-psychotic drug.
According to a Reuters.com article on March 20th, the company reversed the judgment that day in Little Rock, Arkansas after successfully arguing against claims that side effects associated with a medication prescribed to treat schizophrenia, bipolar disorder and other conditions were concealed from the general public, and that doctors were misled about its benefits. A report from February indicated that 35 U.S. Attorney Generals had voiced their support from the original decision in a brief filed with the Arkansas Supreme Court.
Wrong Law Used to Sue J&J, Janssen in Risperdal Lawsuit, Court Officials Say
In their decision to throw out the ruling from April 2012, Arkansas Court officials said the wrong law—one that covered healthcare facilities, instead of drug companies—had originally been used to sue Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, Inc.
“Janssen is indisputably not a healthcare facility and applying for certification or re-certification as described in the statute,” said Associate Justice Karen Baker. “Hence, the statutory provision is not applicable.”
Some Court officials disagree with the reasoning behind its decision, however. Arkansas Attorney General Dustin McDaniel said he still believes the Medicare fraud law used in this Risperdal lawsuit could be applied to Johnson & Johnson and Janssen.
“I am disappointed that the court viewed the law differently,” he 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,” he said.
Nevertheless, the Court’s decision to reverse the $1.2 billion verdict was unanimous, according to the Reuters report, for which officials agreed to throw out an order directing Johnson & Johnson to pay $181 million in the state’s attorney’s fees.
Despite the success of this recent appeal, Johnson & Johnson and Janssen are continuing to face a mountain of product liability claims over Risperdal in a consolidated litigation established in Pennsylvania state court. Court records show more than 200 cases filed over the drug in the Philadelphia Court of Common Pleas, many of which blaming the companies for Risperdal gynecomastia complications that may stem from its use.
Filing a Risperdal Lawsuit
Contact our Firm to learn more about Risperdal lawsuits, and whether you may be eligible to file a claim against its manufacturer. Call us now at (877) 779-1414.