The plaintiff's bar, in concert with certain bulk drug buyers (particularly state and local governments), has ginned up a giant campaign demanding damages over drug companies' promotion of off-label uses of their compounds. Now Beck & Herrmann bring news that a federal court in multi-district litigation against Amgen endorsed the view that the lawsuits at issue in that MDL were "really prohibited back-door attempts at private enforcement of [Food, Drug & Chemical Act] violations. ... The court didn't just dismiss this or that count of the plaintiffs' complaint. Rather, the forbidden attempt at private FDCA enforcement against purportedly illegal promotion was so thoroughly woven through the entire complaint, that for now anyway, the entire MDL is dismissed (albeit with leave to replead)."
A blow to off-label promotion suits?
- Greg Conko: Can brand makers be sued for generic drug injuries?
- Greg Conko discusses the FDA's ban on off-label promotion
- Around the web, June 13
- Second Circuit rebukes Weinstein's handling of Zyprexa class action
- A $500 million damage award hardly makes news anymore
- Philadelphia Freedom? Another Round in the Prempro Wars
- Paxil Verdict In: Big Loss for GlaxoSmithKline
- Beck & Herrmann on Allergan suit for the right to promote off-label
- Botox Maker Asks Court: Do We Have A Right to Tell The Truth?
- Big Paxil Test Case Begins in Philadelphia
- "Did the Avandia scare hurt patients?"
- New York Assembly bill could open pharmaceutical litigation floodgates
- Off-label prescribing of drugs
- Copland and Howard: a proposal for drug-injury administrative compensation
- Conte v. Wyeth will stand