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.

Fourth Department Upholds §241(6) Labor Law Claim
As an experienced Labor Law injury attorney in Western New York and Buffalo, I continue to see injured construction and other type of workers despite laws put in place for their protection. In Smith v. Nestle Purina Petcare Co., (4th Dept. 2013) the Appellate Division upheld the plaintiff’s