Appeals court moves drug suit to supreme court

Jay Sorgi

Appeals court moves drug suit to supreme court

By Jay Sorgi. CREATED May 25, 2011

MADISON, Wis. (AP) -- A Wisconsin appeals court has asked the state Supreme Court to rule in a lawsuit accusing a prescription drug company of inflating prices.

Former Attorney General Peg Lautenschlager sued 36 drug companies in 2004 alleging they inflated wholesale prices to get larger payments from Medicaid, private insurers and consumers. Cases against 29 companies remain unresolved.

One of those companies, Pharmacia, Inc., has appealed a jury verdict that the company violated state law. State attorneys, meanwhile, have challenged a court order that reduced the number of violations from the jury's calculations.

The 4th District Court of Appeals says the Supreme Court should take Pharmacia's case directly because a ruling in it will set precedent for the other companies and the high court can provide the most definitive resolution.

(Copyright 2011 by The Associated Press.  All Rights Reserved.)