Appellate Court Vacates Summary Judgment Order Against Neurontin Class

PHILADELPHIA - The Pennsylvania Superior Court has vacated a portion of a trial court order granting summary judgment against a class that accused two drug makers of breach of warranty in connection with marketing Neurontin for off-label uses. Clark, et al. v. Pfizer Inc., No. 754 EDA 2009 (Pa. Super.).

The appellate court found that the ruling had an impermissible res judicata effect on absent class members' claims.

Gregory Clark and Linda Meashey sued Pfizer and Warner-Lambert Co. in the Philadelphia County Court of Common Pleas on behalf of themselves and all other consumers who purchased Neurontin or generic Gabapentin …