9th Circ. Tosses Amgen Off-Label Marketing MDL

Law360, New York (October 22, 2010, 11:58 AM EDT) -- A federal appeals court has affirmed a lower court decision to dismiss with prejudice and in its entirety the multidistrict litigation accusing Amgen Inc. of fraudulently promoting off-label uses of its anemia drugs Epogen and Aranesp.

The U.S. Court of Appeals for the Ninth Circuit on Thursday affirmed a 2009 decision by the U.S. District Court for the Central District of California, agreeing with the lower court's finding that Amgen had not committed fraud simply by marketing the drugs for off-label uses.

“The complaint did not...
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