We reported in the March 2009 issue of the Report on the successful outcome of an AWP trial in Wisconsin. The state won the case at the trial court level and the verdict was appealed by Pharmacia. The Wisconsin Court of Appeals has now affirmed the verdict in its entirety. The Appeals Court found that Pharmacia was guilty of fraud and that the jury’s decision was correct in every respect, including the amount of the monetary awards.
Interestingly, Pharmacia made an argument in the Wisconsin appeal that had been used successfully in the Alabama Supreme Court. The drug company argued that the State of Wisconsin had not proved “reasonable reliance,” and contended that the state could not have “reasonably relied” on the drug company’s “false statements.” The Appeals Court correctly rejected this argument in summary fashion. The total amount to be paid by Pharmacia to the State of Wisconsin is now $19,750,000 plus interest at 12%. Chuck Barnhill, who is with the Chicago firm Miner, Barnhill & Galland, represented the state in this case. He and his firm did an outstanding job for the state of Wisconsin and the citizens of that state.
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