Off-Label Promotion Claims Against Generic Defendants Inadequately Pled, Ala. Federal Judge Rules

BIRMINGHAM, Ala. — An Alabama federal judge has dismissed without prejudice claims that the makers of generic Cardarone fraudulently promoted their drugs for off-label use, ruling that the allegations are insufficiently pled.

However, in a June 29 order, Chief Judge Karon O. Bowdre of the U.S. District Court for the Northern District of Alabama allowed the plaintiff to replead these claims. The judge also allowed the plaintiff’s off-label promotion claims to proceed against the name brand defendant, Wyeth, ruling that it is plausible.

Robert Dreher was diagnosed with atrial fibrillation and chronic renal failure; both conditions were manageable and not …