Another Third Party Payer Class Action Denial

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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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Published In: Civil Procedure Updates, Personal Injury Updates, Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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