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$70 million loss for J&J in third talc trial of the year

talc ovarian cancer

Another group of jurors has decidedly weighed in against Johnson and Johnson in the third talc trial of the year. The health care giant’s talc-containing products such as Johnson’s Baby Powder and Shower to Shower have been accused of causing ovarian cancer when used for feminine hygiene. The company has allegedly known for decades but refused to warn the public and instead worked to suppress this information while continuing to market the product to women. Every time the evidence against Johnson and Johnson has been brought before juries this year, they have slammed the company with millions of dollars in ... Read More

Lawyers lose fight to pull Risperdal from market over safety risks


A Philadelphia-based law firm representing boys who allege they were disfigured after taking Johnson & Johnson’s Janssen Pharmaceutical’s antipsychotic drug Risperdal has no standing to challenge the Food and Drug Administration’s (FDA) denial of a citizen’s petition asking the agency to revoke marketing approval for the drug until its long-term safety can be proven. The attorneys also asked the companies to hand over confidential documents describing the risks associated with the drug. The firm had argued that the FDA’s rejection of its citizen petition, which was filed in July 2012, led to increased cost from Risperdal-related personal injury lawsuits against ... Read More

Nursing Home Company Pays $145 Million To Settle Medicare Fraud Allegations

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The nation’s largest private nursing home company and its owner have agreed to pay the U.S. government $145 million to settle a False Claims Act lawsuit initiated by a pair of whistleblowers who claim that the company defrauded Medicare and TRICARE by misclassifying patients and billing for services that were not needed or never provided. Life Care Centers of America, a Tennessee company, will also enter into a corporate integrity agreement with federal regulators, an arrangement that puts its government billings under close regulatory scrutiny and independent monitoring to ensure compliance with billing rules. “This resolution is the largest settlement ... Read More

Omnicare To Pay $28 Million To Settle Abbott Kickback Allegations

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Omnicare Inc., the nation’s largest nursing home pharmacy, has agreed to pay the U.S. government more than $28 million to settle whistleblower allegations that it solicited and received kickbacks from drugmaker Abbott Laboratories in exchange for promoting the anti-seizure drug, Depakote, for nursing home patients. Nursing homes rely on pharmacy benefit management companies like Omnicare to review their residents’ medical charts at least monthly and make recommendations to their physicians about what drugs should be prescribed for those residents. Omnicare’s most recent settlement resolves accusations that it received several millions of dollars in kickbacks from Abbott in exchange for pushing Depakote on ... Read More

Plaintiffs allege Johnson & Johnson Avoided Standard Regulatory Review of metal-on-metal hip implants


In a multidistrict litigation (MDL) bellwether trial over metal-on-metal hip implants made by Johnson & Johnson‘s subsidiary, DePuy Orthopaedics, a lead plaintiff attorney told a Texas federal jury that the medical device manufacturing giant “evaded standard regulatory review and convinced doctors a dangerous design was safe.” The MDL is made up of 8,500 cases. Six patients involved in the current trial were forced to undergo revision surgeries after receiving a metal-on-metal hip system. The device consisted of a metal ball and metal socket that rubbed together during normal use, allegedly causing microscopic metallic particles to flake off the device and pollute ... Read More

Live Satellite Testimony Permitted for Metal-on-Metal Hip MDL Trial


Live satellite testimony has been permitted by U.S. District Judge Ed Kinkeade for a trial in a multidistrict litigation (MDL) over metal-on-metal hip implants made by Johnson & Johnson and its subsidiary, DePuy Orthopaedics. In Texas court, DePuy executive Pam Plouhar is scheduled to give testimony via satellite video, as well as witnesses in Los Angeles and Minneapolis. “It’s a form of harassment. It’s court-sanctioned harassment,” said the co-chair of the life sciences and product liability practice groups at the attorney’s office defending the J&J and DePuy. “Courts and litigants have been relying on deposition transcripts and video for decades, so they’re not less reliable. They may ... Read More

Toxicology Lab To Pay Vermont $6.75 Million To Resolve Allegations of Medicaid Fraud

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A Vermont toxicology laboratory has agreed to pay the State of Vermont $6.75 million to settle allegations that it defrauded the Vermont Medicaid program by overbilling it for laboratory tests. Vermont Attorney General William Sorrell said the settlement agreement ends an investigation by his office’s Medicaid Fraud and Residential Abuse Unit of Burlington Labs, a partnership of Burlington Laboratories Inc. and Burlington Labs LLC, for their Medicaid billings between January 2015 through June 2015. The AG’s office says during that time, Burlington Labs varied the amount it charged the state’s Medicaid program depending on the number of drugs it tested, and violated ... Read More

Plaintiff’s attorney in talc trial says litigation may affect thousands of women


Courtroom View Network (CVN), which is webcasting the entire Johnson and Johnson talc trial that is currently underway, last week said that hundreds of lawyers from all over the country were in attendance watching to see how this high-stakes trial would play out. It reports that the trial might last up to four weeks. This Friday will end week two. Johnson and Johnson, after two big losses earlier this year in the same Missouri state court where the current trial is taking place, has changed its trial team to a new law firm, presumably in hopes of different results. The plaintiff ... Read More

Wrongful death lawsuit involving AndroGel testosterone to remain in state court


A wrongful death lawsuit against AbbVie Inc. involving its top selling AndroGel testosterone treatment will remain in state court, a California federal judge ruled, rejecting the drug company’s bid to hold off on until the case can be transferred to a multidistrict litigation (MDL) in Illinois. Evelyn Calvillo filed her lawsuit against AbbVie and the California-based distributor McKesson Corp., in Orange County Superior Court in July, alleging her husband died after using the testosterone replacement therapy. AbbVie argued that Calvillo had included McKesson in the lawsuit only to anchor her suit in California and that McKesson was not a suitable ... Read More

Tenet Hospitals Pay $513 Million To Settle Whistleblower Suit Alleging Kickbacks, Medicaid Fraud

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Tenet Healthcare Corporation and two of its Atlanta-area subsidiaries have agreed to pay the U.S. government $513 million to settle criminal and civil allegations that they entered into illegal kickback and bribery schemes designed to boost the volume of low-income patients on Medicaid. Under the settlement, Atlanta Medical Center Inc. and North Fulton Medical Center Inc. agree to plead guilty to conspiracy to defraud the U.S government and violate federal anti-kickback laws by providing kickbacks and bribes to prenatal clinics in exchange for obstetric referrals. The Tenet hospitals set their sights on prenatal clinics serving mostly low-income, undocumented Hispanic women ... Read More