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By fall 2013, the government and Johnson & Johnson had settled on a new number: $2.2 billion—$500 million in criminal fines and forfeitures and $1.7 billion for civil damages. Of the total, $335 million was to settle the Omnicare Boston suit and the San Francisco suit related to the heart drug Natrecor. This made the Risperdal portion the largest settlement ever for the illegal marketing of one drug.
As planned, Johnson & Johnson—actually the Janssen unit, a distinction that the J&J lawyers fought for—would plead guilty to one misdemeanor related to marketing to the elderly.
That infuriated Sheller and other plaintiffs lawyers for a simple if non-obvious reason: Getting J&J to admit to selling off-label to the elderly didn’t help them nearly as much as getting them to admit to all of the alleged off-label activities related to children—from the Biederman effort, to the Lego…
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