Millennium Beats Off-Label Suit, But Free Speech No Factor

Law360, New York (March 26, 2015, 6:23 PM EDT) -- A California federal judge on Thursday threw out a False Claims Act suit accusing Millennium Pharmaceuticals Inc. of illicit off-label promotion, but the ruling omitted any discussion of free-speech issues in the closely watched whistleblower case.

The decision from U.S. District Judge Morrison C. England Jr. tossed allegations from one-time sales representative Frank Solis under the FCA's public disclosure bar, finding the allegedly improper promotion of blood thinner Integrilin had been aired in five earlier cases brought in three other states.

"Examination of the five federal cases cited by [Millennium] shows markedly similar allegations with respect to the promotion of Integrilin,"...

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