In a shocking development, the Alabama Supreme Court reversed three of the State of Alabama’s Medicaid fraud lawsuits that were on appeal. The Court refused the state’s multiple requests for oral argument in the cases, considered to be among the most important cases to be heard by this Court in years. To say the least, that was more than just unusual. The case against AstraZeneca, one of the Defendants, had been on appeal for 13 months.
By refusing to allow oral argument, the Court did not allow the members of the news media who had not attended the actual trials that began in 2008 to hear first-hand about the bad conduct of these companies. The AstraZeneca case had been pending for so long that even the few members of the news media that attended that trial may have forgotten just how strong the State’s case against that Defendant really was.
I also find it most unusual that absolutely nothing relating to the Defendants’ bad conduct was even mentioned by the Court in its opinion. The decision reached by the Alabama Supreme Court is most difficult to understand when you consider that:
Taking all of the above into consideration, and knowing the facts of this case, it is extremely difficult to see how the Alabama Supreme Court could side with the drug companies and against the citizens of Alabama who are in the Medicaid program and against all Alabamians who pay taxes that support the program. All Alabamians are the losers, and politically-powerful drug companies were declared winners by the Alabama Supreme Court. This is a sad day for the Alabama Medicaid Program and all Alabama taxpayers.
We have asked the Supreme Court to reconsider what it has done. We again requested an opportunity to appear before the Court and argue in person the State’s case. Hopefully, the Court will grant oral argument so that the people of Alabama can find out exactly what has happened to them.
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