Finding the case was tossed prematurely, a federal appeals court on Monday breathed new life into a proposed class action accusing Abbott Laboratories of paying kickbacks to doctors and marketing the anti-seizure drug Depakote for unapproved uses.
The U.S. Court of Appeals for the Seventh Circuit sided with plaintiffs lawyers at Grant & Eisenhofer, who represent a putative class of multi-employer health insurance funds. The suit, which a lower court dismissed as untimely, alleges Abbott and its spinoff AbbVie Inc. violated the Racketeer Influenced and Corrupt Organizations Act. The companies are both defended by a team at Patterson Belknap Webb & Tyler led by William Cavanaugh Jr.
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