Some of the Commonwealth Court’s judges seemed skeptical at oral arguments Wednesday as to whether Janssen Pharmaceutica defrauded the state government out of $150 million in payments for antipsychotic drug Risperdal or if it was just a lack of research by public officials that led the Medicaid program to pay for the more expensive drug.
Pennsylvania appealed to the Commonwealth Court a Philadelphia judge’s nonsuit of its claims against Janssen, now operating as Ortho-McNeil-Janssen Pharmaceuticals Inc., a division of Johnson & Johnson. An en banc panel of the court heard arguments Wednesday as to whether the state did, or even needed to, prove it relied upon marketing from Janssen that Risperdal, at $4 a pill, was superior to other drugs like Haldol, which was 50 cents a pill. The state is seeking damages of $3.50 the difference between the two pills for each Risperdal pill that was reimbursed by Medicaid between 1994 and 2008.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
