We’ve just been informed that the Commonwealth Court (a specialized state-wide appellate court dealing mostly with governmental matters) has unanimously affirmed the dismissal of the “Commonwealth’s” (really private contingent fee lawyers masquerading as the government) off-label promotion litigation about Risperdal. See Commonwealth v. Ortho-McNeil-Janssen, No. 802 C.D. 2011, slip op. (Pa. Commw. July 26, 2012).
(1) A drug company isn’t a “provider” under the relevant statute (62 Pa. Stat. §1401). Slip op. at 11-14.
(2) Failure to prove causation. Id. at 21-22.
(3) No unjust enrichment for failure to “identify any fund retained by the drug manufacturer to which a common law equitable remedy would apply. Id. at 23-24.