The Eighth Circuit Court of Appeals has ruled that Ortho-McNeil-Janssen Pharmaceuticals Inc., (OMJP) Johnson & Johnson’s pharmaceutical unit, must pay $630,000 to a patient who claimed the company deliberately failed to properly warn consumers of the risks linked to Levaquin, its antibiotic. The court said there was no misconduct that could justify overturning the award. On the appeal, OMJP had argued that the Plaintiff’s expert biostatistician admitted after the trial was over that he had not provided all the information the company requested during discovery regarding his relative-risk calculations and supporting data. The appeals court found that the verdict was supported by the record and the company’s liability adequately proved.
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