A state court in Pennsylvania has uphead an earlier ruling dismissing a lawsuit against Johnson & Johnson for alleged improper marketing of Risperdal. The decision comes three years after a trial court first dismissed the lawsuit, saying the state had not provided enough evidence. The state initially filed suit in 2007, claiming the drugmaker hid Risperdal health risks and caused $289 million in alleged overcharges to prescriptions covered by state-sponsored health plans. he original lawsuit was based on evidence provided by Allen Jones, a former fraud investigator with the Pennsylvania Inspector General’s Office. In 2001, Pennsylvania was considering whether to adopt guidelines in the Texas Medication Algorithm Project, a state system protocol for treating psychiatric disorders. Jones contended that J&J engaged in a widespread scheme to ensure state Medicaid officials would give Risperdal preferential treatment.
