The AAJ cited a recent NYT article today that Johnson & Johnson paid kickbacks to the largest nursing home pharmacy to increase the number of elderly patients that ingest its medications. The complaint was filed by the US attorney in Boston. “The complaint alleges that Omnicare received “tens of millions of dollars…to buy and recommend Risperdal [risperidone], ‘as well as “prescription pain relievers Duragesic and Ultram, and the antibiotic Levaquin’.” The kickbacks were to Omnicare were disguised as grants or educational funds to influence doctors to have prescriptions switched. Apparently “J&J paid Omnicare rebates for switching prescriptions. Under federal law, rebates are legal unless Medicaid does not receive the same benefit. The complaint alleges that J&J disguised its rebates to Omnicare as physician-prescriber-data payments in order to avoid reporting them.” The complaint alleges that J&J disguised its rebates to Omnicare as physician-prescriber-data payments to avoid reporting them. Once again the prescription drug companies are placing their concern for profits before the best interest of the patients.
Recent Fourth Department Case Law
April 6, 2009
In Kmiotek v Chaba ____ A.D. 3d ____ the Appellate Division, Fourth Department set a minimum value for spinal disc injuries. The Appellate division also upheld the trial Court’s Order directing a verdict on the issue of serious injury. This case involves an appeal from a judgment of