Travelers Fights Cephalon Bid To Nix $22M Marketing Suit
By Dan Packel
Law360, Philadelphia (September 17, 2013, 6:27 PM ET) -- The Travelers Indemnity Co. responded Tuesday to Cephalon Inc.'s efforts to dismiss a suit seeking to recover $22 million in workers’ compensation claims over the off-label use of two cancer painkillers, claiming that Cephalon is attempting to diminish the significance of its fraud accusations.
Travelers says that Cephalon’s efforts to push the sale of the painkillers Actiq and Fentora, which were approved for cancer patients, went far beyond simple off-label marketing.
“Defendants attempt to inaccurately frame this action as a case of bare off-label promotion, which...