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Jury to be Picked for Alabama Drug Pricing Lawsuit Against Watson

By Pharmaceutical Processing | June 23, 2009

BOB JOHNSON Associated Press Writer MONTGOMERY, Ala. (AP) — Attorneys are set to pick a jury today to hear Alabama’s lawsuit against prescription drug manufacturer Watson Pharmaceuticals of Corona, Calif. Lawyers for the state and for Watson spent roughly three hours Monday afternoon questioning about 50 potential jurors to hear the trial of the Medicaid drug pricing lawsuit that is expected to last about two weeks. Watson is one of more than 70 pharmaceutical companies that Alabama Attorney General Troy King sued in 2005 for allegedly causing the state’s Medicaid program to pay too much for prescription drugs. Montgomery County Circuit Judge Charles Price said attorneys will give opening statements Tuesday morning after the jury is seated. Watson manufactures generic and brand name prescription drugs. Brand name drugs made by Watson include the narcotic pain reliever OxyContin and Rapaflo, a medication that relieves men’s urinary problems related to an enlarged prostate. Last month the state announced it had settled drug pricing lawsuits against six pharmaceutical companies for $89 million. They included lawsuits against Abbott Laboratories of Chicago and Forest Laboratories, with corporate headquarters in New York City. Both lawsuits had been scheduled to be tried with the Watson case this week. The state had previously settled with 10 companies for almost $35 million. Alabama’s lawsuits against four companies have gone to trial, with the state winning judgments against each totaling $352.4 million. Those verdicts are being appealed. Attorneys for the state have not said how much money they are seeking from Watson. But an attorney for the state, Jere Beasley, told prospective jurors that Alabama would likely seek compensatory and punitive damages. He asked the prospective jurors if they would be able to award “substantial” punitive damages if the evidence showed it was warranted. Several members of the panel said they would have a problem with awarding a large amount in punitive damages.

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