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Expert Analysis

No Sympathy For Off-Label Scripts Suits

Law360 (April 8, 2011, 2:14 PM EDT) -- In an opinion that could set the tone for several similar actions currently pending across the country, the recent decision by the U.S. Court of Appeals for the Eleventh Circuit in Ironworkers Local 68 & Participating Employers Health & Welfare Funds v. AstraZeneca Pharmaceuticals LP, 2011 WL 833222, (11th Cir. March 11, 2011) sent a clear message to health insurers — who have recently used the traditional class action to advance increasingly tenuous theories of recovery — that attempts to penalize pharmaceutical companies for every off-label prescription that a physician writes may not find a receptive audience in the federal courts of appeal....

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