CN files suit against Johnson & Johnson

BY TESINA JACKSON
Former Reporter
08/31/2015 08:21 AM
MUSKOGEE, Okla. – Cherokee Nation officials have filed a lawsuit against the pharmaceutical company Johnson & Johnson and its subsidiary Janssen Pharmaceuticals Inc. claiming the companies misbranded the drug Risperdal and failed to disclose risks posed to elderly patients.

According to drugs.com, Risperdal is an antipsychotic medicine and is used to treat schizophrenia and symptoms of bipolar disorder and manic depression. Risperdal is also used in autistic children to treat symptoms of irritability.

Initially filed by the tribe in April in Sequoyah County, where the drug was distributed at the Redbird Smith Health Center in Sallisaw, the suit was moved in July to the U.S. District Court for the Eastern District of Oklahoma in Muskogee.

According to court documents, the CN claims the companies admitted to selling the “misbranded” drug for unapproved uses more than a decade ago, during the time the tribe purchased it.

The tribe also claims that from 1999 through 2005, the companies sold Risperdal for uses that were not approved as safe and effective and between March 3, 2002 and Dec. 31, 2003, the CN purchased the drug after the defendants expressed that the drug was not misbranded.

The suit also claims negligence, breach of warranty, unjust enrichment and violation of the Oklahoma Consumer Protection Act on the part of the companies.

Court documents state the tribe “is entitled to restitution to the extent of the increased revenue received by defendants from Risperdal prescriptions that were purchased or reimbursed by the Cherokee Nation and which resulted from the sale of misbranded Risperdal.”

The tribe is asking for a judgment of $75,000 for “attorney fees, civil penalties and all other relief this court deems just and equitable.”

“The crux of our case is that unbeknownst to us, this drug is a bad drug,” CN Attorney General Todd Hembree said. “We prescribed it through our clinics to our citizens. We now know it’s a bad drug and we don’t do it anymore, but as a result of it damaging our citizens, we incur the extra costs of having to take care of those citizens. Money that we otherwise would not have spent if it had not been for this bad drug.”

Currently, no hearing has been scheduled.

In 2013, Johnson & Johnson and Janssen Pharmaceuticals Inc. reached a $2.5 billion settlement with the U.S. Justice Department over the marketing of the antipsychotic drug for failing to warn that it could cause gynecomastia, which is abnormal development of breasts in males.

Former Food and Drug Administration Commissioner David Kessler served as an expert witness for the family that issued the lawsuit and testified that Johnson & Johnson knew about the risks associated with Risperdal but failed to disclose the data showing the extent to which youth may develop gynecomastia.

According to the Wall Street Journal, lawsuits continue to be filed against Johnson & Johnson and Janssen Pharmaceuticals Inc. across the country.

The Cherokee Phoenix attempted to get a comment from Johnson & Johnson and Janssen Pharmaceuticals but was unsuccessful.

Click here to viewthe lawsuit.

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