Plaintiff Permitted to Amend Off-Label Promotion Claims in Risperdal Action

TYLER, Texas — A Texas federal judge has allowed a plaintiff to amend his off-label promotion claims against generic Risperdal makers to specify the actions the drug makers allegedly took to influence doctors to prescribe the drug for off-label uses.

In a Sept. 19 order, Judge Robert W. Schroeder III adopted a magistrate judge’s recommendation that the off-label claims — while not preempted or barred by the learned intermediary doctrine — were inadequately pled.

Malcom Wydermyer alleged his ingestion of Risperdal and generic risperidone to treat his psychosis and schizophrenia caused him to develop gynecomastia. He further alleged that the …