Janssen's appeal goes to the supreme court

Janssen Pharmaceutica, the maker of heartburn drug Propulsid, will ask the Mississippi Supreme Court to order a new trial in a lawsuit in which the company was ordered to pay 10 plaintiffs US$48.5m. The supreme court is to hear arguments on January 27.

In April 2002, Janssen Pharmaceutica, and its parent company, Johnson & Johnson, filed with the state supreme court a notice of appeal and a $60m bond, which represents 125% of the damage award as required by the court.

In 2001, a Claiborne County circuit court jury awarded 10 of the 155 plaintiffs $10m each. Judge Lamar Pickard reduced the award to $48.5m, and the plaintiffs agreed to accept the reduced amount. Robert Johnson III of Natchez, an attorney for Janssen, said the pharmaceutical company wants a new trial because company officials believe the amount still isn't justified. 'The evidence shows Propulsid didn't cause any of the plaintiffs' health problems,' Johnson said.

The 10 plaintiffs said taking the heartburn drug caused their heart problems, anxiety attacks and other conditions. The US Food and Drug Administration has linked the heartburn drug to 80 deaths nationally. In 2000, it issued a warning stating Propulsid could cause irregular heartbeats and sudden death and should only be used as a last resort for patients given heart tests to ensure they are at a low risk for the side effects. The lawsuit in Mississippi was the first to come to trial nationwide