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Legal Speak

It's Not Nice to Fool Mother Nature (or Arkansas)

Published April 26, 2012 9:09 AM by Tony DeWitt

It was reported last week about a 1.1 billion dollar verdict in a trial in Arkansas over marketing of the antipsychotic drug Risperdal. An Arkansas jury found that the drug maker, Johnson & Johnson, fraudulently marketed the drug to doctors without telling them about the dangerous effects of the drugs. The verdict comes after two other high-profile trials involving the drug in other courts in the southern US.

Importantly, the drug is often given to the nursing home population, and the side effects have been poorly communicated. The failure to advise the physicians about the real risks and benefits comes down to a letter Johnson and Johnson used in physician meetings to market the drug for off-label uses. 

While the $1.1 billion verdict is large and remarkable, Johnson and Johnson can still appeal the verdict and will likely do so.

 

posted by Tony DeWitt

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About this Blog


    A.L. "Tony" DeWitt, RRT, CRT, JD, FAARC
    Occupation: Attorney
    Setting: Jefferson City, Mo.
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