Firm Wins Victory In Insurer’s Case Alleging Off-Label Marketing Against Global Pharmaceutical Company

February 15, 2019

On February 14, 2019, the Firm scored a major victory for a global pharmaceutical company when the United States District Court for the Northern District of Illinois terminated a long-running case alleging off-label marketing of a prescription drug.

The plaintiff, a regional health insurance company, filed suit in 2014 against the Firm’s client and several other pharmaceutical manufacturers, asserting claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) based on allegedly improper marketing to insurers, physicians, and patients. The insurer sought certification of a nationwide class of third-party payors (TPPs) and damages based on over a decade of reimbursements of the drug.

After extensive fact and expert discovery, the court denied the insurer’s motion for class certification in July 2018.  Then, in its most recent ruling, the court awarded summary judgment to the Firm’s client as to all of the insurer’s claims, ruling that there was “insufficient evidence from which a reasonable jury could find that [the] alleged misrepresentations … proximately caused [the insurer’s] alleged injuries.”

This is the most recent of a string of successes for the Firm in TPP class actions against pharmaceutical companies. In 2017, the Firm secured a favorable ruling from the U.S. Court of Appeals for the Seventh Circuit affirming the district court’s dismissal of another such case.

To read the decision, click here.

To read press on the win, click here.