Wisconsin v. Abbott Laboratories

Summary

Suit brought by the state's attorney general against Pfizer's Pharmacia unit and other pharmaceutical manufacturers alleging they overcharged the state's Medicaid system.

Litigation over "average wholesale prices" for medication charged to state Medicaid systems is increasing, and this is the first time Pfizer will face such accusations before a state jury.

View a free video clip from this case:
Defense Attorney, John Dodds, Closing Statement -- Clip 1

Outcome

Economic Damages: 7,000,000.00

Case Information

Attorneys

Witnesses

Plaintiff: State of Wisconsin
Defense: Pfizer
Pharmacia & Upjohn Co.
Verdict: $7,000,000

Judge: Richard Niess
Jurisdiction: 5th Judicial District of Wisconsin
Court: Circuit Court of Dane County

Case Number: 04-cv-1709
Industry: Pharmaceutical
Practice Area: Health Law, Pharmaceuticals, Fraud, Government Benefits Law, Tort Law

Plaintiff

State of Wisconsin

Defense

Pfizer

Represented By:
Dodds, John (Morgan, Lewis & Bockius LLP)
Kushner, Beth (von Briesen & Roper, S.C.)

Defense

Pharmacia & Upjohn Co.

Represented By:
Everett, John (Morgan, Lewis & Bockius LLP)

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

AM Session

Plaintiff Witness(es)

10 Chapters

	Description	Attorney	Witness	Presence
00:00:01	Witness Direct Examination			Video Recording
00:21:06	General Case Activities	Archibald, Jeffery
00:23:11	Witness Direct Examination	Archibald, Jeffery	Erick, Matthew	Video Recording
00:36:31	Witness Direct Examination	Archibald, Jeffery	Warren, Neil	Video Recording
00:47:55	Witness Direct Examination	Archibald, Jeffery	Collins, Ted	In Person
01:23:30	Break
01:40:13	Witness Direct Examination	Archibald, Jeffery	Collins, Ted	In Person
01:56:00	Witness Cross Examination	Dodds, John	Collins, Ted	In Person
02:21:18	Break
02:22:38	End of Session

PM Session

Plaintiff Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:00:02	General Case Activities
00:02:09	General Case Activities	Archibald, Jeffery
00:06:40	Break
00:19:10	Witness Cross Examination	Dodds, John	Collins, Ted	In Person
00:58:42	Witness Re-Direct Examination	Archibald, Jeffery	Collins, Ted	In Person
01:03:10	Witness Re-Cross Examination	Dodds, John	Collins, Ted	In Person
01:05:30	Break
01:36:49	General Case Activities		Collins, Ted	In Person
01:56:30	Witness Direct Examination	Archibald, Jeffery	Gray, Kerry	In Person
02:41:15	Witness Cross Examination	Dodds, John	Gray, Kerry	In Person
03:06:10	End of Session

FEB

AM Session

Plaintiff Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:02:00	General Case Activities
00:02:35	Witness Direct Examination	Archibald, Jeffery	Beimfohr, Mr. Sonders	Video Recording
00:27:55	Witness Direct Examination	Barnhill, Charles	Debrock, Lawrence	In Person
01:00:55	Witness Cross Examination	Everett, John	Debrock, Lawrence	In Person
01:23:20	Break
01:56:05	General Case Activities		Debrock, Lawrence	In Person
02:00:50	Witness Re-Direct Examination	Barnhill, Charles	Debrock, Lawrence	In Person
02:03:22	Witness Re-Cross Examination	Everett, John	Debrock, Lawrence	In Person
02:04:20	Witness Direct Examination	Archibald, Jeffery	Davis, Marilyn	Video Recording
02:28:55	Witness Direct Examination	Remington, Frank	Goldman, Mary	In Person
03:09:55	End of Session

PM Session

Plaintiff Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:00:18	General Case Activities
00:00:39	Witness Direct Examination	Remington, Frank	Goldman, Mary	In Person
00:18:35	Witness Cross Examination	Kushner, Beth	Goldman, Mary	In Person
01:03:25	Break
01:29:34	Witness Cross Examination	Kushner, Beth	Goldman, Mary	In Person
02:03:40	General Case Activities
02:11:18	Witness Cross Examination	Kushner, Beth	Goldman, Mary	In Person
02:15:57	Witness Re-Direct Examination	Remington, Frank	Goldman, Mary	In Person
02:22:30	Break
02:28:55	General Case Activities		Goldman, Mary	In Person
02:34:45	End of Session

FEB

AM Session

Plaintiff Witness(es)

14 Chapters

	Description	Attorney	Witness	Presence
00:00:32	General Case Activities
00:01:40	Witness Direct Examination	Barnhill, Charles	Moody, Mark	In Person
00:11:24	Witness Cross Examination	Dodds, John	Moody, Mark	In Person
00:31:05	Witness Re-Direct Examination	Barnhill, Charles	Moody, Mark	In Person
00:34:14	Witness Re-Cross Examination	Dodds, John	Moody, Mark	In Person
00:36:15	Break
00:50:39	General Case Activities		Moody, Mark	In Person
00:59:00	General Case Activities	Dodds, John	Moody, Mark	In Person
01:00:20	General Case Activities	Barnhill, Charles	Moody, Mark	In Person
01:02:00	Witness Direct Examination	Dodds, John	Kennally, Bill	In Person
01:30:00	Break
01:50:00	Witness Direct Examination	Dodds, John	Kennally, Bill	In Person
02:31:34	Witness Cross Examination	Barnhill, Charles	Kennally, Bill	In Person
02:59:20	End of Session

PM Session

Defense Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:55	General Case Activities
00:01:11	Witness Cross Examination	Barnhill, Charles	Kennally, Bill	In Person
00:24:05	Witness Re-Direct Examination	Dodds, John	Kennally, Bill	In Person
00:26:20	Break
00:53:10	General Case Activities		Kennally, Bill	In Person
01:21:00	Witness Direct Examination		Beimfohr, Mr. Sonders	Video Recording
02:19:16	Witness Direct Examination	Barnhill, Charles	Davis, Marilyn	Video Recording
02:36:14	Witness Direct Examination	Dodds, John	Morgan, Patricia	Transcript Reading
02:42:40	End of Session

FEB

AM Session

Defense Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:01:00	General Case Activities
00:02:25	Witness Direct Examination	Dodds, John	Vavra, Dr. James DPM	In Person
01:16:20	Break
01:38:35	Witness Direct Examination	Dodds, John	Vavra, Dr. James DPM	In Person
02:08:30	General Case Activities
02:10:10	Witness Direct Examination	Dodds, John	Vavra, Dr. James DPM	In Person
02:11:23	Witness Cross Examination	Archibald, Jeffery	Vavra, Dr. James DPM	In Person
02:35:45	Witness Re-Direct Examination	Dodds, John	Vavra, Dr. James DPM	In Person
02:40:05	Witness Re-Cross Examination	Archibald, Jeffery	Vavra, Dr. James DPM	In Person

PM Session

Defense Witness(es)

8 Chapters

	Description	Attorney	Witness	Presence
00:01:10	General Case Activities
00:01:49	Witness Direct Examination		Erick, Matthew	Video Recording
00:11:15	Witness Direct Examination		Warren, Neil	Video Recording
00:20:55	Witness Direct Examination	Everett, John	Scott Morton, Fiona	In Person
01:22:55	Break
01:45:40	Witness Cross Examination	Barnhill, Charles	Scott Morton, Fiona	In Person
02:47:40	Witness Re-Direct Examination	Everett, John	Scott Morton, Fiona	In Person
02:53:35	End of Session

FEB

PM Session

Defense Witness(es)

7 Chapters

AM Session

Defense Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:16	General Case Activities
00:02:25	General Case Activities
00:04:15	Witness Direct Examination		Vavra, Dr. James DPM	In Person
00:08:55	Witness Direct Examination	Everett, John	Nichols, Prof. Donald	In Person
00:53:20	Break
01:22:28	Witness Cross Examination	Barnhill, Charles	Nichols, Prof. Donald	In Person
02:09:20	Witness Re-Direct Examination	Everett, John	Nichols, Prof. Donald	In Person
02:17:32	Witness Re-Cross Examination	Barnhill, Charles	Nichols, Prof. Donald	In Person
02:19:27	End of Session

FEB

AM Session

Closings

3 Chapters

PM Session

Closings

6 Chapters

PM Session

Verdict

4 Chapters

FEB

Recording Disclaimer: This proceeding was recorded in parts only. Available recordings do not represent the full proceeding.

Wisconsin v. Abbott Laboratories

Summary

Outcome

Sessions

AudioCaseFiles

Essentials

Training Libraries

	Description	Attorney	Witness	Presence
00:00:04	General Case Activities
00:00:25	General Case Activities		Nichols, Prof. Donald	In Person
00:13:23	Witness Direct Examination	Dodds, John	Duzor, Diedra	Video Recording
00:43:41	Witness Cross Examination		Duzor, Diedra	Video Recording
00:50:39	Witness Direct Examination		Beimfohr, Mr. Sonders	Video Recording
00:57:24	General Case Activities
00:59:44	End of Session

	Description	Attorney
00:00:13	General Case Activities
00:00:46	Closing Statement	Archibald, Jeffery
01:36:30	End of Session

	Description	Attorney
00:00:42	General Case Activities
00:01:27	Closing Statement	Dodds, John
01:24:00	Break
01:43:27	Closing Statement	Barnhill, Charles
02:11:37	General Case Activities
02:39:45	End of Session

			Description	Attorney	Witness	Presence
		00:01:02	General Case Activities
		00:02:01	Reading of the Verdict
		00:04:12	General Case Activities
		00:05:50	End of Session