J&J, Boston Scientific Escape Off-Label Marketing Suit

Law360, Dallas (January 17, 2013, 4:21 PM EST) -- A Texas federal judge on Thursday threw out False Claims Act allegations against a Johnson & Johnson unit and Boston Scientific Corp., but said an employee whistleblower suit alleging Abbott Laboratories marketed stents off-label should continue.

U.S. District Judge Barbara M.G. Lynn said in a ruling from the bench plaintiff that Kevin Colquitt's fourth amended complaint hadn’t pled sufficient facts to establish Boston Scientific or J&J’s Cordis Corp. were responsible for false claims related to their stents, and dismissed those claims with prejudice.

But the judge...
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