Date: 03-26-2011

Case Style: State of South Carolina v. Johnson & Johnson d/b/a Ortho-McNeil-Janssen Pharmaceuticals

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Judge:

Court: Circuit Court, Spartanburg County, South Carolina

Plaintiff's Attorney: John White, Harrison, White, Smith & Coggins, P.C., Spartanburg, South Carolina

Defendant's Attorney:

Description: State of South Carolina sued Johnson & Johnson d/b/a Ortho-McNeil-Janssen Pharmaceuticals on a consumer protection law violation theory claiming that Defendant attempted to mislead South Carolina doctors by sending them letters about the safety and effectiveness of the antipsychotic drug Risperdal. Plaintiff claimed that J&J’s Ortho-McNeil-Janssen Pharmaceuticals unit engaged in “unfair and deceptive acts” by sending a 2003 letter touting Risperdal as better and safer than competing drugs to more than 7,000 doctors across the state.

South Carolina officials argued in the case that J&J sent the letter to protect billions of dollars in sales of the antipsychotic drug.

The defenses asserted by Defendant are not available.

Outcome: Plaintiff's verdict. The court will decide whether Defendant should pay $36 million in penalties over the mailings.

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Defendant's Experts:

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