SCOTUS Upholds BCH's $124 Million Trial Victory

Bailey Peavy Bailey Cowan Heckaman PLLC (BPB) has successfully represented the State of South Carolina in a legal battle against Janssen Pharmaceuticals, Inc. The case centered on false and misleading communications that Janssen made to South Carolina doctors and others around the country about the safety of Risperdal, especially its safety in vulnerable populations like children and the fragile elderly.

The Supreme Court refused to hear Janssen's appeal of the $124 million jury verdict, which had already been upheld by the South Carolina Supreme Court. BPB represented the State of South Carolina in the trial and appeals, together with South Carolina co-counsel. The $124 million deceptive trade practices judgment concerning Janssen's false and misleading marketing of its powerful antipsychotic drug becomes payable to the State, plus accrued interest.

BPB's Lawyers Steer the Case to a Successful Result

BPB's Rob Cowan, Elizabeth Dwyer, and Justin Jenson effectively steered the case from filing the complaint to securing the successful result for this very important and high-profile client. "We are very proud of our representation of South Carolina and all our state government clients and the results achieved," said Cowan, a partner with the firm.

Janssen Found Guilty of Violating Unfair and Deceptive Practices Act

The case began in 2011 when a unanimous jury in Spartanburg, South Carolina, found that Janssen had violated the State's unfair and deceptive practices act by failing to include important, missing safety information in its drug label, and by sending a letter to doctors in 2003 claiming that Risperdal did not cause certain side effects, though the FDA strongly differed with that letter. Ultimately, the trial court determined that Janssen had violated the statute approximately 500,000 times during the relevant period, and awarded penalties under the statute for each of those violations.

Who We Help

At BPB, we do not limit their representation to individuals who have been wronged. Our skilled litigators also stand up for organizations that have been defrauded or subject to wrongdoing by large corporations, including unions and state governments. When your legal situation needs the help of a seasoned and powerful attorney, call us.

For more information, you can read the press release about the case here.