Federal Court in NJ Dismisses Off-Label-Marketing Suit Against Schering-Plough
Article in AmLaw Litigation Daily — Schering-Plough Wins Dismissal of ‘Off-Label’ Suit, by Ben Hallman. Here’s an excerpt:
A recent decision by a New Jersey federal court sets a tough standard for plaintiffs trying to piggyback on government investigations of off-label drug marketing. In dismissing a lawsuit against Schering-Plough, federal district court judge Stanley Chesler ruled that even if the company has violated off-label marketing rules–as it seems to have done for two cancer drugs–plaintiffs must prove that the drug was marketed for an ineffective use, and that the patient received no benefit from it.
And here’s a link to the opinion by Judge Chesler.
BGS
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