High court throws out drug firms' damage award

The Louisiana Supreme Court has overturned a $330 million judgment against two pharmaceutical companies that state Attorney General James “Buddy” Caldwell has accused of improperly marketing a drug.

The state’s highest court ruled Tuesday that Caldwell’s office failed to prove that Janssen Pharmaceutica Inc. or Johnson & Johnson Inc. violated provisions of the Louisiana Medical Assistance Programs Integrity Law by misrepresenting the potential risk of side effects from the use of Risperdal, an anti-psychotic drug.

Following a jury’s verdict against the companies, a state judge entered a judgment awarding more than $257 million in civil penalties plus $70 million in attorneys’ fees and $3 million in costs. A state appeals court upheld the judgment.

A spokeswoman for Caldwell’s office said it will review Tuesday’s ruling before determining its “next steps.”