Pa. Court Sides With J&J In Risperdal Marketing Suit

Law360, New York (July 26, 2012, 11:03 PM EDT) -- A Pennsylvania appeals court on Thursday affirmed the dismissal of the commonwealth of Pennsylvania's suit alleging that Johnson & Johnson unit Janssen Pharmaceuticals Inc. had improperly marketed the antipsychotic drug Risperdal.

The Commonwealth Court of Pennsylvania agreed with a lower court's 2010 decision that said Pennsylvania could not recover damages under the state's Medicaid fraud statute because Janssen was not a “provider” as defined by the statute and thus could not be the target of a civil suit under the law.

The drugmaker does not sell...
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