J&J Fights $327M Risperdal Verdict, Saying No One Was Harmed
March 22, 2013 | By Eric Palmer
South Carolina Circuit Judge Roger Couch took a particularly creative approach when he levied a $327 million penalty against Johnson & Johnson ($JNJ) in the state's Risperdal case. A jury found J&J hid health issues and substantially overstated the benefits of the schizophrenia drug in marketing to doctors in the state. So he assessed the company $300 for every sample box it gave out and a $4,000 penalty for each "Dear Doctor" letter it published. J&J has now complained to the South Carolina Supreme Court that the penalties are just wrong.
The company's Janssen Pharmaceuticals subsidiary has gone to the South Carolina Supreme Court, asking that the penalty be thrown out, arguing that it did not intentionally deceive physicians and that the state never showed any patients were actually harmed by the drug, the Associated Press reports. The court's ruling is not expected for several months, and it is only one of many on which J&J is waiting.
The company last year agreed to pay $181 million to settle litigation with 36 states and the District of Columbia over Risperdal marketing, a sum that seems very reasonable compared to some of the jury awards that have been assessed. There was the whopping $1.2 billion award in Arkansas, as well as a $258 million penalty in Louisiana. The company is appealing both of those. There were several reports last year that the company was nearing a settlement with federal authorities that might top $2 billion, but that deal has yet to materialize.
Meanwhile, the company is also battling through individual cases that allege health issues. In October it settled 5 pending cases for undisclosed sums, dodging the chance that former FDA Commissioner David Kessler would be allowed to testify against the company. He was prepared to say J&J broke the law by promoting the drug for use in children.
Special Report: Pharma's Top 11 Marketing Settlements
Related Articles:
J&J appeals $1.2B Risperdal marketing fine
WSJ: J&J, feds finalize settlement of up to $2.2B
J&J to pay states $181M to resolve Risperdal cases
Judge lets Gorsky off the hook in Risperdal case
Thank You Fierce Healthcare and Mr Palmer
Related Articles:
J&J appeals $1.2B Risperdal marketing fine
WSJ: J&J, feds finalize settlement of up to $2.2B
J&J to pay states $181M to resolve Risperdal cases
Judge lets Gorsky off the hook in Risperdal case
Thank You Fierce Healthcare and Mr Palmer
Here's Former Commissioner Kessler's Deposition:
"Kessler's report was posted to the Court of Common Pleas electronic docket system late Wednesday in four pieces, as part of the J&J motion to preclude him from testifying. The pieces are all PDFs and links are here, here, here and here."
Here's the Slip opinion from SC's Justice Crouch characterizing the Risperdal Gang, as he ordered them to Pay $327 Million to the State, as "Detestable".
Below, we've previously shared out that particular 'Detestable'.
"this Court finds the actions of the Defendants, upon this audience, to be detestable."
"Annual Sales of Risperdal worldwide per annual reports of Johnson & Johnson, Inc.1994: $0.172 Billion1995: $0.343 Billion1996: $0.502 Billion1998: $0.588 Billion1999: $0.892 Billion2000: $1.083 Billion2001: $1.845 Billion2002: $2.146 Billion2003: $2.512 Billion2004: $3.05 Billion2005: $3.552 Billion2006: $4.180 Billion2007: $4.697 Billion2008: $1.309 Billion2009: $1.425 Billion2010: $1.50 BillionTotal for the period: $29.796 BillionTestimony at trial indicated that the profit margin for sales of Risperdal was 97% or $28.90 Billion for the period of 1994-2010"
And there's more 'Detestable' from J&J and their Risperdal gang. There's Always More Detestable. Like this Detestable, where 40 State AGs Were, past tense, looking into Joining the Detestable fray, which Never should have been Allowed, BY DC's FDA, to have Detestabled in the First place:
After J&J Failed 48% of 161 FDA Inspections in One Year
http://psychroaches.blogspot.com/2011/05/congress-deeply-troubled-with-fdaj.html
But Now, J&J says that since "No One Was Harmed" a monetary penalty of $327M is unfair.
Hmmm. Fascinating.
from Mad In America:
Also from Mad In America:But Now, J&J says that since "No One Was Harmed" a monetary penalty of $327M is unfair.
Hmmm. Fascinating.
from Mad In America:
But the J&J/Risperdal gang says "No One Was Harmed".
And since so much of Risperdal's Courtroom hub-bub has revolved around Off Label Marketing:
DEPOSED: Risperdal, Prolactin and Gynecomastia: The Gorsky Transcript Pt III
4 comments:
LOL
My boobs got a little bigger after having these drugs.
That was a welcome side effect. hahahahahahahaha
Please, don't spread these news because they will find this off-label to sell these drugs.
I just don't know if it is because of Effexor or Seroquel.
I love the title of your blog.
I say it aloud in different intonations and that makes a lot of difference,
If I have the courage I'll make a video just saying "Psychiatry, it's a killing." in different ways.
Do you have any actor or actress on mind to do that? lol
Love,
Ana
Ana;
For How many decades now, have both the brain chemical imbalance and genetic hogwash of Psychiatry been proven to be complete Bullshit? How many?
Then you look up the brain trust underlying Psychoanalysis, and It also turns out to be complete, and utter Bullshit: the daydreaming nit-wittery of Atheists, Nazis, and Communists.
Tell us, if you were living under This set of Supreme Laws, and there are No higher Laws in America, do you really think for a minute that Psychiatry could even happen, At All?
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA
AMENDMENT I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
AMENDMENT II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
AMENDMENT III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
AMENDMENT IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
AMENDMENT V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
AMENDMENT VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
AMENDMENT VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
AMENDMENT VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
AMENDMENT IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
AMENDMENT X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
And what do we get, on top of Psychiatry?
http://www.nytimes.com/2012/12/31/opinion/lets-give-up-on-the-constitution.html?pagewanted=1&_r=1&nl=todaysheadlines&emc=edit_th_20121231&
Progressives who want to scrap the whole thing, in favor of granting unlimited power to Dictators.
http://psychroaches.blogspot.com/2009/05/dear-apa-psychiatrists-didnt-cause.html
And apparently we have to keep linking to posts like This, in reply, because a Replay of This, is exactly what that NYT Op-Ed is espousing.
The Constitution's Bill of Rights says no to Psychiatry's atrocities and every intrusion upon it and erosion of it only takes us farther down the road to opening the camps again, but then, it's been so badly stomped on already (and completely ignored and wholesale violated by Psychiatry) that at present, Psychiatry is confined only BY the what's left of the Constitution, to repeating the Holocaust with pills and shocks in a kinder, gentler (sarcasm) fashion on a time release basis.
The farther we remove ourselves from the Constitution, the easier it will be for Psychiatry to simply condemn and dispose of Everybody, all over again.
Post a Comment