Dive Brief:
- The U.S. Supreme Court refused to hear an appeal filed by Johnson & Johnson subsidiary Janssen over a $124 million fine levied for the improper marketing of Risperdal.
- In 2007, South Carolina filed a suit seeking damages from Janssen because of what it called unlawful and deceptive marketing practices of the antipsychotic Risperdal.
- The South Carolina Supreme Court in June of 2015 reduced the fine previously ordered by a lower court to $124 million, from an initial $327 million. The two allegations date back to 1994 and 2003.
Dive Insight:
While Janssen was able to get the penalty reduced because of a statute-of-limitations technicality, the ruling against the company still stands. A jury had ruled Janssen improperly marketed Risperdal.
Veteran healthcare reporter, Steve Brill, published the first chapter of an extensive expose highlighting the history of how Janssen marketed Risperdal for use in pediatric patients.
With its appeal rejected, the reduced fine remains in place for Janssen.
The case is Ortho-McNeil-Janssen Pharmaceuticals Inc v. South Carolina, U.S. Supreme Court, No. 15-600.