Assignees Ask 9th Cir. to Revive RICO Claims Against Nuedexta Maker

SAN FRANCISCO — Assignees of the right to recover reimbursement or payment on behalf of Medicare plans has appealed a California judge’s dismissal of its lawsuit against a pharmaceutical company accused of fraudulently marketing its neurological drug Nuedexta.

According to the June 26 notice filed in the 9th Circuit U.S. Court of Appeals, MSP Recovery Claims Series LLC and MSP Recovery Claims Series 44 LLC will challenge the judge’s dismissal of their Racketeer Influenced Corruption Act claims.

Avanir Pharmaceuticals Inc.’s Nuedexta treats pseudobulbar affect (PBA), a condition which causes uncontrollable laughing or crying that do not reflect a person’s actual …