Arkansas Supreme Court Will Not Reconsider Risperdal Ruling

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The Arkansas Supreme Court has held it will not reconsider its ruling that overturned a $1.2 billion judgment against Johnson & Johnson over its marketing of the antipsychotic prescription drug Risperdal for off-label uses, according to an Arkansas News report.

In August 2012, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals were ordered to pay $1.2 billion to the state for violating the Arkansas Medicaid Fraud False Claims Act and the state's Deceptive Trade Practices Act, according to the report.

On March 20, the Arkansas Supreme Court ruled 4-3 to reverse the award to the state by holding the Arkansas false claims act did not apply to Johnson & Johnson, based on the finding that the Arkansas Code Revision Commission had codified the law in a way that conflicted with legislative intent.

Arkansas Attorney General Dustin McDaniel subsequently filed a motion for rehearing with the state's supreme court and argued neither the state nor Johnson & Johnson had argued in any filing that the code revision had wrongly or rightly codified the law.

On April 24, the state's supreme court denied Mr. McDaniel's motion for rehearing in a 4-3 decision, according to Arkansas News.

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