Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. South Carolina
- Case Date: 12/9/2015
- Project Name: Health Care Project
On January 11, 2016, the U.S. Supreme Court issued an order declining to review a South Carolina Supreme Court decision that imposed massive liability on a drug manufacturer for telling doctors about potential side effects of its drugs. The order was a setback for WLF, which filed a brief urging review. At issue was a 2003 “Dear Doctor” letter, sent by the drug company to doctors to provide them with information about possible side effects from use of an antipsychotic medication manufactured by the company. The manufacturer contended that the letter was completely accurate; South Carolina disagreed, but it did not contend that anyone was injured as a result of the alleged inaccuracies. WLF’s brief argued that the $124 million civil penalty imposed by the South Carolina courts was unwarranted. It argued that the First Amendment bars the government from penalizing a manufacturer for its speech in the absence of evidence that the manufacturer knew that the speech was false.
More Information and Downloads:
12/9/2015: Download the Brief