Firm Secures Decision On Behalf of Johnson & Johnson Allowing Patient Assistance Dispute to Proceed

January 30, 2023

On January 25, 2023, the firm defeated a motion to dismiss the lawsuit filed by our client, Johnson & Johnson Health Care Systems Inc., against SaveOnSP for allegedly exploiting JJHCS’s patient assistance program, which provides funds to help patients afford their medication.  JJHCS alleges that SaveOnSP diverts these patient assistance funds for its own benefit and that of its business partners in the health insurance industry, causing ongoing patient harm and more than $100 million in damages to JJHCS.

The U.S. District Court for the District of New Jersey denied SaveOnSP’s motion to dismiss and rejected SaveOnSP’s challenges to both of JJHCS’s claims.  The Court also relied upon the amicus submissions in support of JJHCS’s action from patient advocacy groups, which described the public harm caused by SaveOnSP’s scheme.  The Court’s decision will allow this case, and our efforts to protect the rights of JJHCS and the patients it serves, to proceed.

To read the court’s opinion and order, please click here.

To read the coverage on Law360, please click here.