Court Says Plaintiffs Can't Assert Off-Label Neurontin Claims Absent Injury

ALBANY, N.Y. - A state appellate court has upheld a decision to dismiss a class action complaint that alleged fraud and unjust enrichment against the makers of Neurontin for promoting the drug for uses not approved by the FDA. Baron v. Pfizer Inc., No. 501904 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

In a ruling issued July 5, the Third Department of the New York Supreme Court's Appellate division held that absent allegations of pecuniary or actual harm, New York law does not permit plaintiffs to seek damages for drug maker Warner-Lambert's marketing of Neurontin for off-label uses. Warner-Lambert was …