The U.S. Supreme Court declined on Monday to take up Pfizer Inc.’s challenge to a $142 million jury verdict and continued litigation stemming from the company’s off-label marketing of the epilepsy drug Neurontin.
Pfizer’s lawyers at Quinn Emanuel Urquhart & Sullivan filed a petition for certiorari back in August, arguing that a lower court improperly let plaintiffs take a shortcut to establish that Pfizer’s Warner-Lambert unit violated the Racketeer Influenced and Corrupt Organizations Act by promoting Neurontin for off-label uses. Specifically, the Quinn lawyers complained that the plaintiffs didn’t show that prescribing doctors relied upon any particular misrepresentations, and instead proved causation and damages by pointing to aggregate statistical evidence that Pfizer’s off-label promotional spending increased prescriptions.
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