STORY FROM: Drugs & Medical Devices

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 ...

Associated Law Firms
Baker Donelson Bearman Caldwell & Berkowitz
Haley & Olson
Morrison Mahoney
Morrison Mahoney
Naman, Howell, Smith & Lee
Scott Douglass & McConnico

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