Legal Opinion

Commonwealth v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.

Commonwealth Court of Pennsylvania

Decided July 26, 2012PublishedCited by 10 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

I. Introduction

This appeal involves a civil suit by the Commonwealth of Pennsylvania against the manufacturer of a drug, Risperdal, the cost of which is reimbursed through several Commonwealth agencies. The Commonwealth’s theory of recovery at trial was that the drug manufacturer, Ortho-McNeil-Janssen Pharmaceuticals, Inc. (Janssen), fraudulently withheld information regarding the safety and efficacy of the drug, thereby misleading those paying for the drug into believing it had a high intrinsic value that justified its price premium over generic alternative drugs. The…

2Cases cited28 opinions

  1. Bortz v. NoonSupreme Court of Pennsylvania · 1999
  2. Morena v. South Hills Health SystemSupreme Court of Pennsylvania · 1983
  3. Kmonk-Sullivan v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 2001
  4. Walker v. ElebySupreme Court of Pennsylvania · 2004
  5. In Re Pharm. Industry Average Wholesale Price Lit.Court of Appeals for the First Circuit · 2009

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3Cited by10 opinions

  1. Celestial Community Development Corp. v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 2012
  2. Southeastern Pennsylvania Transp. Auth. v. Bank of New York Mellon Corp.District Court, S.D. New York · 2013
  3. Pennsylvania Federation of Dog Clubs v. CommonwealthCommonwealth Court of Pennsylvania · 2014
  4. City of Scranton v. E.B. Jermyn Lodge No. 2Commonwealth Court of Pennsylvania · 2014
  5. Thattayathu v. Trikha, Pennsylvania Court of Common Pleas, Lackawanna County2013

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