SCOTUS Declines to Hear Argument Over FCA “Objective Falsehood”

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The U.S. Supreme Court has decline to hear argument over “objective falsehood” under the False Claims Act (FCA). This has been a hot button issue in litigation that has federal courts split and left federal contractors, and the lawyers who represent them, with no clear answers. The question posed: What evidence is required to prove […]

Sacklers Testify Before Congress

Two members of the Sackler family testified in front of Congress this month. David and Kathe Sackler both held executive positions and were active members on Purdue Pharma’s board during the time when OxyContin as aggressively marketed, alleged to have contributed directly to the opioid crisis. While both apologized to the victims, neither acknowledged any […]

Purdue Hired McKinsey Consulting Firm to ‘Turbocharge’ Opioid Sales

As U.S. prosecutors go through document in an attempt to hold drug companies, distributors, and pharmacies accountable to the part they played in the U.S. opioid epidemic, emails uncover another bad faith actor. Purdue Pharma documents and emails reveal the drug company hired McKinsey & Company, a global consulting company, to provide marketing advice to ‘turbocharge’ sales […]

Effect of COVID-19 Pandemic on Opioid Crisis and Litigation

As the COVID-19 pandemic continues to plague America, worsening the opioid crisis that has plagued the nation for decades, litigation to recoup the cost of fighting the opioid crisis has stalled. While local and state governments await desperately needs funds to continue to provide services in support of those plagued by addiction to opioids, the […]

Lack of Pharmacy Oversight Contributed to Opioid Crisis

The opioid crisis has highlighted problems with Pennsylvania’s prescription drug monitoring system. Over the past few years the Pennsylvania Department of Health has worked on a statewide database for monitoring schedule II – V controlled substances. Lack of oversight of pharmacist dispensed drugs played a roll in fueling the opioid crisis. Several large pharmacy chains, […]

Superior Court Upholds $70M Risperdal Verdict

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A Pennsylvania Superior Court has rejected Johnson & Johnson’s appeal of a 2016 $70 million verdict awarded to a 20 year-old Tennessee man, Andrew Yount (A.Y.) who developed gynecomastia after taking the antipsychotic drug Risperdal since he was 4-1/2 years old. Gynecomastia is an irreversible condition caused by an increase in the hormone prolactin and […]

Thousands of Risperdal Cases Previously Time-Barred, Reopened

In a 6 to 1 decision, the Pennsylvania Supreme Court opened the door for thousands of pending Risperdal injury cases to proceed to trial. The seven-justice court ruled that a jury must decide, on a case by case basis, at which date the plaintiff should have had knowledge that the ingestion of Janssen Pharmaceuticals drug […]

$8 Billion Verdict: Jury decides J&J should pay in Risperdal case

October 9, 2019: Late yesterday a Philadelphia jury rendered an $8 billion punitive damages verdict against pharmaceutical company Johnson & Johnson for illegally marketing the antipsychotic drug Risperdal, putting young boys at risk for developing female-sized breast tissue. The condition, gynecomastia, is irreversible. “The conduct the jury saw in the courtroom was clear and convincing that J&J disregarded the […]

Will Fines Change Corporate Culture That Caused Opioid Crisis?

An Oklahoma judge order Johnson & Johnson (J&J) subsidiary Janssen Pharmaceuticals to pay a $572 million fine to the state for fueling the opioid crisis. This was the first case of its kind to go to trial and could influence similar claims by more than 40 states against the pharmaceutical industry.  “As a matter of […]

Opioid Drugmakers May Be Liable Under Consumer Protection Laws

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Philadelphia District Attorney Larry Krasner has been given approval by a state judge to move forward with with action against drugmakers and distributors for illegal marketing and sales of opioid painkillers resulting in a nationwide epidemic. The suit, a first of its kind, brings claims under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. The UTPCPL bans […]