J&J Loses Bid To Nix Levaquin Award In 8th Circ.

Law360, New York (January 7, 2014, 4:41 PM EST) -- The Eighth Circuit said Tuesday that Johnson & Johnson's pharmaceutical unit must pay $630,000 to a patient who claimed the company deliberately failed to properly warn consumers of the risks linked to its antibiotic Levaquin, saying there was no misconduct that could justify overturning the award.

Ortho-McNeil-Janssen Pharmaceuticals Inc. had argued to the appeals court that plaintiff John Schedin's expert biostatistician admitted after trial that he had not — as Schedin represented — provided all the information OMJP requested during discovery regarding his relative-risk calculations and supporting data.

The company said if the calculations had been properly disclosed, they would have...

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