Marketing of off-label uses of blockbuster pharmaceutical

Marketing of off-label uses of blockbuster pharmaceutical

Timothy Snail
Health Care | Life Sciences
Antitrust & Competition

A CRA expert was retained to analyze class certification issues relating to allegations that a pharmaceutical product was marketed for off-label uses and caused direct and indirect purchasers to pay for billions of dollars unnecessarily. The expert found that differences among putative class members would necessitate individualized inquiries into whether the alleged conduct caused each any economic damages. The judge denied class certification, citing the CRA expert’s opinion in support of several key points.