Bloomberg News reports Pfizer and its Warner-Lambert unit “may have to face insurers’ lawsuits alleging” they marketed the epilepsy treatment “Neurontin [gabapentin]” for uses not approved by the Food and Drug Administration. A “US Court of Appeals in Boston” ruled yesterday that a “lower-court judge erred in refusing to allow so-called ‘third-party payers,’ such as health insurers and union funds, to combine their Neurontin racketeering claims.” Additionally on Wednesday, the appeals court “upheld a $142.1 million damage award to Kaiser Foundation Health Plan Inc.” over Pfizer’s marketing of Neurontin “for bipolar disorders.”
According to Reuters, the ruling on the Kaiser Foundation Health Plan upholds a lower court’s decision to deny Pfizer’s request for a new trial after a jury awarded Kaiser $142 million for the damages it incurred after prescribing Neurontin for conditions it did not treat adequately. In addition to bipolar disorder, the jury concluded that Pfizer marketed the drug fraudulently, as a therapy for nerve pain and as a treatment for migraines. Meanwhile, Pfizer said in a press statement that it is considering appealing the rulings.
From the American Association for Justice news release.