State of South Carolina versus Ortho-McNeil-Janssen Pharmaceuticals
Mar 22, 2011OUTCOME: $327-million jury verdict
Civil penalties amounting to $327,073,700 have been announced in the groundbreaking case of State of South Carolina versus Ortho-McNeil-Janssen Pharmaceuticals and Johnson & Johnson, Inc. Circuit Cour ... t Judge Roger Couch announced the ruling on June 3 through a written order. John B. White, Jr. and Donald C. Coggins, Jr. of Harrison, White, Smith & Coggins, P.C., a Spartanburg-based law firm, along with John Simmons of the Simmons Law Firm, a Columbia-based law firm, and Bailey Perrin Bailey, a Texas based law firm represented South Carolina in the case. The verdict amount is based upon violations found with the drug labels and "dear doctor" letters. Regarding the drug label violations, the judge ruled that 509,499 package inserts were distributed with sample boxes, and levied $300 per violation for a total drug label awarded damages of $152,849,700. Regarding the "dear doctor" letter violations, the judge ruled that 7,184 letters were mailed and 36,372 were provided during sales calls, and levied $4000 per violation for a total "dear doctor" letter awarded damages of $174,224,000. The combination of the drug label and letter damages of $327,073,700 amounts to the highest verdict brought against Janssen for the drug Risperdal.
