Drug maker Merck & Co. plans to appeal a federal court verdict that a former subsidiary caused Massachusetts to overpay pharmacists for a widely used asthma medication, the company said yesterday.
After a three-week trial, a jury in Boston found Merck liable for about $4.6 million in compensatory damages. The judge hearing the case, U.S. District Judge Patti Saris, is to decide later on potential penalties, which Merck said could be substantial.
The three generic albuterol products involved in the case, which began in 2003, were manufactured and sold by Warrick Pharmaceuticals, a subsidiary of Schering-Plough. Merck, based in Whitehouse Station, N.J., bought Schering-Plough in November 2009. Warrick closed the year before.
via bostonherald.com
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