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COM. v. ORTHO-McNEIL-JANSSEN PHARMA.

No. 802 C.D. 2011

52 A.3d 498 (2012)

COMMONWEALTH of Pennsylvania, Appellant v. ORTHO-McNEIL-JANSSEN PHARMACEUTICALS, INC., f/k/a "Janssen Pharmaceutica, Inc." and/or "Janssen, LP".

Commonwealth Court of Pennsylvania.

Decided July 26, 2012.

Attorney(s) appearing for the Case

Michael Coren , Philadelphia, and Robert W. Cowan , Houston, TX, for appellant.

Gregg W. Mackuse and Edward M. Posner , Philadelphia, for appellee.

BEFORE: PELLEGRINI, President Judge, and McGINLEY, Judge, and COHN JUBELIRER, and SIMPSON, Judge, and LEAVITT, Judge, and McCULLOUGH, Judge, and COVEY, Judges.

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...

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