A Pennsylvania Supreme Court justice, voicing harsh criticisms for the Commonwealth Court and suggesting the state’s hiring of outside counsel on a contingency fee basis lengthened the 10-year litigation, has led a split high court in its decision to remand for reconsideration $80 million in damages assessed against two pharmaceutical companies.
In a strongly worded opinion announcing the judgment of the court, Justice Thomas G. Saylor said the state’s claims against Bristol-Myers Squibb and Johnson & Johnson for allegations the state overpaid for prescription drugs for seniors completely ignored the fact that the drug companies have given more than a billion dollars in rebates to the state over the years.
