Trial set for Ark. suit over anti-psychotic drugs

LITTLE ROCK, Ark. (AP) - Trial is scheduled to begin Monday in Arkansas Attorney General Dustin McDaniel's lawsuit that accuses a pharmaceutical company of illegally marketing an anti-psychotic medication in the state.

McDaniel alleges Johnson & Johnson, through its Janssen Pharmaceuticals subsidiary, concealed Risperdal's potential health risks and promoted it for unauthorized uses in violation of Arkansas' Deceptive Trade Practices Act and the Medicaid Fraud False Claims Act.

The Arkansas Democrat-Gazette ( reports that during a pre-trial proceeding Friday, Fletch Trammell, who represents the state, described negotiations between the parties as "unfruitful." Asked by Judge Tim Fox whether talks were concluded, Johnson & Johnson attorney Jim Simpson nodded in agreement.

State attorneys want the manufacturer fined the $10,000 maximum for every improper Risperdal prescription paid for using state Medicaid money.

That number is about 250,000.

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