STORY FROM: Drugs & Medical Devices
Fraudulent ‘Off-Label’ Promotion Claim Against Sandoz Survives Preemption in S.C. Amniodarone Case
April 10, 2017
FLORENCE, S.C. — A South Carolina federal judge has allowed plaintiffs in an amiodarone action to amend their claim accusing Sandoz Inc. of fraudulently promoting the drug for “off-label” uses, ruling that while the claim is not preempted by federal law, it does not state facts sufficient to establish causation in light of the learned intermediary doctrine.
In a March 31 order, Judge R. Bryan Harwell of the U.S. District Court for the District of South Carolina dismissed with prejudice plaintiff’s claims of failure to warn, design defect, and negligent “off-label” promotion, ruling they are preempted pursuant to Mensing, Bartlett ...
Associated Law Firms
Nexsen Pruet Jacobs & Pollard
Richardson Patrick Westbrook & Brickman
Wood Law Firm