Kentucky Attorney General Jack Conway announced the settlement of two dangerous drug lawsuits for a total of $39.5 million.

The settlements end the litigation of the Purdue Pharma case regarding OxyContin and the Johnson & Johnson case regarding its antipsychotic drug Risperdal.

The OxyContin case was settled on Dec. 22 for $24 million – more than 50 times what Kentucky was originally offered in 2007 to settle the case.

The Risperdal lawsuit alleging that Johnson & Johnson falsely marketed the drug and hid serious Risperdal side effects from patients and the medical community was settled the same day for $15.5 million.

“These companies engaged in reckless behavior that put our citizens at risk,” Attorney General Conway said. “Both companies knowingly and aggressively marketed drugs they knew to be harmful in order to drive profits. I am pleased we were able to recover damages for the Commonwealth and recover funds to help expand addiction treatment in Kentucky.”

Risperdal Settlement

Risperdal is an antipsychotic prescription drug approved by the FDA to treat schizophrenia and acute mania associated with bipolar disorder as well as certain autism spectrum disorders. The drug is manufactured and distributed by Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson.

The Kentucky Risperdal lawsuit alleged that the makers of Risperdal misled consumers about its dangers and marketed the drug for purposes other than those approved by the FDA.

“Janssen and Johnson & Johnson put patients at risk when they marketed Risperdal without disclosing the drug’s known side effects,” Attorney General Conway said. “These side effects were even more harmful to children and elderly patients.”

Janssen allegedly marketed Risperdal to children before it was approved to do so in 2007 by the FDA, failing to disclose to the medical community that Risperdal may cause a hormonal imbalance, which could lead to the development of male breast growth or gynecomastia. Janssen was allegedly aware of the Risperdal gynecomastia risk and did not update the drug’s warning label.

Janssen also marketed Risperdal for non-FDA approved use in treating dementia in non-schizophrenic elderly patients. In 2013, Janssen pleaded guilty to federal charges of misbranding the drug regarding its promotions to the elderly.

In addition to the $15.5 million payment to settle the Risperdal lawsuit, Janssen is prohibited from promoting Risperdal for non-FDA approved uses or to populations in which it is not approved. Janssen will now be required in Kentucky to clearly disclose risks associated with the drug.

The company will also not be allowed to promote the drug for a single symptom for which it is not approved, such as depression or anxiety, without reference to the underlying mental illnesses that Risperdal is approved by the FDA to treat.

The settlement also resolves allegations that Purdue Pharma illegally misrepresented and/or concealed the highly addictive nature of OxyContin and encouraged doctors who weren’t trained in pain management to overprescribe the opioid pain reliever to Kentucky patients.

In the settlements, neither company admits any wrongdoing.

The OxyContin lawsuit is Kentucky v. Purdue Pharma LP et al., Case No. 07-CI-01303, in the Pike Circuit Court of the Commonwealth of Kentucky. The Risperdal lawsuit is Kentucky v. Janssen Pharmaceuticals Inc. et al., Case No. 13-CI-002488, in the Jefferson Circuit Court of the Commonwealth of Kentucky.