Arkansas Attorney General Asks Court to Reconsider Reversal of Risperdal Lawsuit Decision

Published on April 8, 2014 by Sandy Liebhard

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Attorney General Dustin McDaniel has asked the Arkansas Supreme Court to reconsider throwing out a $1.2 billion Risperdal lawsuit ruling against Johnson & Johnson, according to ArkansasNews.com.

In a petition filed on April 7th, McDaniel argued that the court should revisit the ruling based on the fact that certain matters had not been raised by either party in the appeal on March 20th. He is referring in particular to claims included in the original Risperdal lawsuit that Johnson & Johnson’s off-label marketing of the antipsychotic drug violated the Medical Fraud False Claims Act in Arkansas, as well as the state’s Deceptive Trade Practices Act. In its majority opinion to overturn the ruling, the Supreme Court said that the Medical Fraud False Claims Act did not apply to the drug manufacturer because the Arkansas Code Revision Commission had codified the law in a way that conflicted with the law.

U.S. Attorney General Argues Against Verdict Reversal in Risperdal Lawsuit

McDaniel points out in his recent petition, however, that neither the state’s Supreme Court nor Johnson & Johnson had argued whether the Code Revision had codified the law in any way during the trial.

He said that the Arkansas Code Revision Commission did not make a mistake, and further pointed to a letter from the U.S. Food and Drug Administration (FDA) that was involved in last month’s Risperdal proceeding. During the March hearing, it was found that the Risperdal document should not have been incorporated into the litigation on the grounds that its danger of prejudice outweighed its value. McDaniel said, however, that the letter was properly admitted, and that the decision to throw out the Risperdal ruling “does significant harm to the state and its citizens” because it means that companies like Johnson & Johnson “cannot be sanctioned when they lie to Medicaid, its enrollees and their doctors” about their risks.

In this case, that could mean the medication’s potential for complications associated with Risperdal gynecomastia, a condition categorized by male breast development, as well as other side effects. Right now, more than 200 product liability lawsuits over the medication allege this complication in their lawsuits against Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals Inc.

Filing a Risperdal Lawsuit

Call the attorneys at Bernstein Liebhard LLP to file a Risperdal lawsuit against Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, Inc. The Firm is currently offering free and confidential case evaluations at .