Johnson & Johnson to pay $2 billion for false marketing

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In summary: The government lawyers who brought the case, the DOJ lawyers, were salaried. The 2.2 billion in penalties were paid to the federal and state governments. The DOJ lawyers will see no additional salary because of this penalty. However, the DOJ is one of the few government agencies that gets to keep fines and penalties.According to a Forbes article published in 2012, the government has collected over $10 billion from pharmaceutical companies in the past 3 years. This money goes back into the government and helps to reduce the deficit.In summary, Johnson & Johnson has been fined $2.2 billion for off-label marketing and paying kickbacks to doctors and nursing homes. This settlement also involves the schizophrenia drugs
  • #1
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Pretty disgusting! I hate how cynical I've become. It's hard to trust anything these days.

http://money.cnn.com/2013/11/04/news/companies/johnson-and-johnson-settlement/

Johnson & Johnson will pay $2.2 billion to settle charges that the company marketed drugs for unapproved uses and paid "kickbacks" to doctors and nursing homes.
The penalties announced Monday involve fines and forfeiture to the federal government and several states. The settlement involves the schizophrenia drugs Risperdal and Invega, and the heart failure drug Natrecor, the company and Attorney General Eric Holder said.

Furthermore I just read this story

http://www.washingtonpost.com/busin...6628e-55e7-11e3-8304-caf30787c0a9_story.html#

Doctors choose the more expensive drug more than half a million times every year, a choice that costs the Medicare program, the largest single customer, an extra $1 billion or more annually.

Doctors, meanwhile, may benefit when they choose the more expensive drug. Under Medicare repayment rules for drugs given by physicians, they are reimbursed for the average price of the drug plus 6 percent. That means a drug with a higher price may be easier to sell to doctors than a cheaper one. In addition, Genentech offers rebates to doctors who use large volumes of the more expensive drug.
 
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  • #3
Greg Bernhardt said:
Pretty disgusting! I hate how cynical I've become. It's hard to trust anything these days.

http://money.cnn.com/2013/11/04/news/companies/johnson-and-johnson-settlement/

J&J may have done what Holder claims, but given this case was settled without an opinion from a judge or jury I reserve judgement. I'm not sure why anyone would accept at face value what AG Eric "not something I've been involved in" Holder claims they've done, especially given the flip side of this penalty is that the federal and state governments and trial lawyers pocket $2 billion.
 
  • #4
mheslep said:
J&J may have done what Holder claims, but given this case was settled without an opinion from a judge or jury I reserve judgement. I'm not sure why anyone would accept at face value what AG Eric "not something I've been involved in" Holder claims they've done, especially given the flip side of this penalty is that the federal and state governments and trial lawyers pocket $2 billion.

It's a bit of a stretch to dismiss J&J's (possibly illegal) activities based on your opinion of Holder.
 
  • #5
Growing up, my best friend's father was in pharmaceutical sales. Yes, this is common. Kickbacks to doctors is how they push their sales, always has been, it's not unique to J&J. It's how all drug companies do business.

Years ago in Chicago I went to a new doctor for bronchial problems, he was from India. I was seated right next to the doctor's office. He was in his office with a pharmaceutical rep. The conversation:

Dr: You said if I prescribed these medications that you would hire my son, but he hasn't been hired yet.

Pharma rep: You've done well, and a few more dozen prescriptions and I guarantee you we will hire your son.

Needless to say, I was shocked. I knew there were financial kickbacks to drs for prescriptions, but I had no idea it went this far.

I had been prescribed a medication for the welts I get from my reaction to heat. I knew this medication was the only one that worked, having tried several. Every doctor I went to insisted that he prescribe something different, even though I told them I had already tried it and it didn't work, they were all pushing the same brand. Now I understand why.

My current doctor prescribes whatever I request, he never pushes anything, I may have finally found an honest doctor.
 
  • #6
mheslep said:
J&J may have done what Holder claims, but given this case was settled without an opinion from a judge or jury I reserve judgement. I'm not sure why anyone would accept at face value what AG Eric "not something I've been involved in" Holder claims they've done, especially given the flip side of this penalty is that the federal and state governments and trial lawyers pocket $2 billion.

That is quite a leap of personal opinion about Holder considering that J and J did plead guilty.
WASHINGTON, D.C. — (Mealey’s) Two Johnson & Johnson subsidiaries have pleaded guilty, and the parent company and two subsidiaries will pay $2.2 billion in criminal fines, civil penalties and forfeitures in one criminal and several civil cases for off-label marketing of three drugs, for paying kickbacks to health care providers and a nationwide pharmacy and for causing false claims to be submitted to Medicare and Medicaid, the U.S. Justice Department announced Nov. 4

http://www.lexisnexis.com/legalnews...-2-2-billion-in-criminal-civil-penalties.aspx

As for the DOJ trial lawyers pocketing money, I do believe that they are on salary that averages $135,000.

http://www.glassdoor.com/Salary/US-...-Trial-Attorney-Salaries-E41301_D_KO25,39.htm

J and J's top lawyer earned nearly $9,000,000 in salary and options in 2011.

http://www.forbes.com/profile/russell-deyo/
 
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  • #7
edward said:
That is quite a leap of personal opinion about Holder considering that J and J did plead guilty.
What's a leap? To acknowledge that J&J "may have done what Holder claims" but to "reserve judgement"? My opinion of Holder is based largely on his his public record.

As for the guilty plea, that was for misbranding, about which J&J says:
J&J Lawyer said:
"We do not agree with all of the government's allegations and strongly believe some of them are not supported by the facts," J&J general counsel Michael Ullmann wrote to employees. The company settled, he said, "because it resolves complex and lengthy legal matters, allowing us to continue focusing our full attention on delivering innovative health-care solutions for patients and their families."

Consequences of continuing to fight in court would include endless litigation costs but also the possibility of having its products banned by the largest single payer health system in the world (by dollars), US Medicare and Medicaid.

As for the DOJ trial lawyers pocketing money, I do believe that they are on salary that averages $135,000.
DOJ trial lawyers? Not DOJ lawyers, not directly. Where do you suspect the $2 billion is actually going?
 
  • #8
mheslep said:
DOJ trial lawyers? Not DOJ lawyers, not directly. Where do you suspect the $2 billion is actually going?

Hopefully the money is going to help bust companies like J and J. Big pharma has become Bad Pharma.

http://en.wikipedia.org/wiki/Bad_Pharma
 
  • #9
mheslep said:
DOJ trial lawyers? Not DOJ lawyers, not directly. Where do you suspect the $2 billion is actually going?

http://dealbook.nytimes.com/2013/11/20/where-does-jpmorgans-13-billion-go/?_r=0

Paying victims, the general treasury fund, and occasionally programs related to the crime that was committed it seems.

I use the JP Morgan article as an example only because there doesn't seem to be a lot of reporting on what happens to the money in other case.
 
  • #10
edward said:
Hopefully the money is going to help bust companies like J and J. Big pharma has become Bad Pharma.

http://en.wikipedia.org/wiki/Bad_Pharma

You are VERY late to the game if you think they have "become" bad pharma. They have always been bad pharma; this is nothing recent.
 
  • #11
phinds said:
You are VERY late to the game if you think they have "become" bad pharma. They have always been bad pharma; this is nothing recent.

I am not really late to the game. Many of us have known what is going on with big pharma for years. It was the Wiki entry that used the term BAD pharma. It is the name of a book released last February.

Now that I know better I can properly call them bad pharma instead of croo@# %^&t@Rds.:devil:
 
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What is the background of the Johnson & Johnson false marketing case?

In 2013, the pharmaceutical company Johnson & Johnson was found guilty of illegally marketing their antipsychotic drug Risperdal for off-label uses. This led to a series of lawsuits and investigations, resulting in a $2 billion settlement in 2013.

What does it mean for Johnson & Johnson to pay $2 billion for false marketing?

This means that the company has been found guilty of intentionally misleading consumers and healthcare providers about the safety and effectiveness of their drug for uses that were not approved by the FDA. As a result, they are required to pay a large sum of money as a penalty for their actions.

How will the $2 billion be used?

The settlement money will be used to compensate individuals, states, and the federal government for damages caused by Johnson & Johnson's false marketing. This includes reimbursing government healthcare programs that paid for the drug, as well as providing compensation to individuals who may have suffered harm from using the drug for off-label purposes.

What steps are being taken to prevent similar incidents from happening in the future?

As part of the settlement, Johnson & Johnson was also required to enter into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services. This agreement requires the company to implement compliance measures and undergo monitoring to prevent future instances of illegal marketing.

What impact does this case have on the pharmaceutical industry?

The Johnson & Johnson false marketing case has shed light on the unethical practices of some pharmaceutical companies and the need for stricter regulations in the industry. It also serves as a warning to other companies that false marketing can have serious consequences and will not be tolerated by authorities.

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