The Arkansas Supreme Court will not be reconsidering its decision to toss out a $1.2 billion Risperdal lawsuit judgment against the antipsychotic drug’s manufacturer, a local newspaper reports.
According to an update on April 24th from the Sacramento Bee, the Court announced that day that its ruling that a Medicaid fraud law was misapplied in a 2012 hearing over Risperdal would stand. The original verdict charged Johnson & Johnson and Janssen Pharmaceuticals Inc. with $1.2 billion in charges related to its marketing of the medication, which at the time was allegedly found to have been promoted for uses not approved by the U.S. Food and Drug Administration (FDA). At the time, the Arkansas jurisdiction ruled that the state’s Medicaid program was harmed through the companies’ marketing of Risperdal, a drug prescribed to treat bipolar disorder, schizophrenia and other conditions.
After the decision was reversed, Arkansas Attorney General Dustin McDaniel filed a request for a rehearing on the case that was rejected on Thursday. The state official has since voiced his opposition to the Court’s refusal to reconsider its stance on the Risperdal lawsuit. “I am extremely disappointed that the court decided to deny the petition in this case, considering the basis for the court’s original decision was never addressed until oral argument. That parted with longstanding precedent, and it was impossible for either party to adequately respond to the concerns raised at that time,” he said.
Despite this victory for Johnson & Johnson, the company is hardly out of the woods in its defense of the medication. In addition to a hundreds of product liability lawsuits over the medication, many of which alleging Risperdal gynecomastia complications, the pharmaceutical giant recently agreed to a settlement with the federal government that resulted in its payment of $2.2 billion to the U.S. Department of Justice.
The agreement was reached in November 2013 after the findings of a decade-long investigation into Johnson & Johnson’s marketing of Risperdal led to accusations that elderly patients with dementia and children were marketed the medication, despite its lack of approval for use in these demographics at the time.
In the Philadelphia Court of Common Pleas, court documents show at least 350 claims, many of which alleging Risperdal gynecomastia side effects, now filed against Johnson & Johnson. This side effect involves male breast development, which may be caused by elevated levels of the hormone, prolactin.
Call our Firm today at to find out more about Risperdal gynecomastia lawsuits, and whether you may be eligible to file a case against Johnson & Johnson.