The trial judge in Kentucky’s Medicaid fraud lawsuit has awarded civil penalties to the Commonwealth against GSK in the amount of $5,828,500. This is a significant award, which was made under Kentucky’s Consumer Protection Act, because the jury awarded less than $1 million in compensatory damages. GSK had argued, among other things, that the court could not award civil penalties that were greater than compensatory damages. The court applied the same methodology for counting violations as had been done in the Sandoz and AstraZeneca cases, but reduced the per violation penalty from $1,000 to $500 in light of the compensatory damages award. Clearly, this is a huge win for the people in Kentucky.
Source: Lexington Herald-Leader
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