Another Third Party Payer Class Action Denial


We already posted once today about third party payers and class actions, so this will be short. In the Neurontin litigation certification of a purported nationwide class of TPPs was recently denied (again) in In re Neurontin Marketing & Sales Practices Litigation, MDL 1629, slip op. (D. Mass. May 17, 2011). The rationale, which the court considered to be a denial of reconsideration, involved what the plaintiffs considered their best facts, having to do with an indication where, supposedly, there was "no reliable scientific evidence" to support off label use - although that doesn't mean that it didn't in fact work. Once again predominance defeated certification, because statistical analysis doesn't equal individualized proof of reliance. Slip op. at 9. "[T]reating physicians varied widely in their reasons for prescribing Neurontin." Id.

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