Seven Pennsylvania Commonwealth Court judges heard arguments on Wednesday to reverse a dismissal by two Common Pleas Court judges of a lawsuit filed against Johnson & Johnson over allegations that it inappropriately profited from the antipsychotic drug Risperdal, the Philadelphia Inquirer reports.
Previously, Judge Howland Abramson dismissed a count made by the state that it could sue J&J subsidiary, and Risperdal maker Janssen Pharmaceuticals, as a “provider” under the fraud laws of Medicaid. Then, Judge Frederica Massiah-Jackson dismissed the lawsuit after a week of testimony ruling that PA did not have enough evidence for the case to continue.
Currently, attorneys for the state argue that the dismissal was in error, presenting evidence that included letters from the FDA, one of which stated, “The materials and promotional messages Janssen has disseminated contain false and/or misleading information about the safety and effectiveness of Risperdal.”
A lawyer for J&J said the state completely and totally failed to prove its case, and urged the court to let the dismissal stand.