Qui Tam Suit Over OxyContin A No-Go: Judge

Law360 (October 16, 2008, 12:00 AM EDT) -- Citing its failure to state a claim, a federal judge has dismissed a qui tam lawsuit against Purdue Pharma Inc. alleging the company overstated the potency of its successful painkiller OxyContin.

Judge James P. Jones of the Western District of Virginia ruled Tuesday that the suit by former Purdue sales representative Mark Radcliffe failed to plead fraud with particularity under Federal Rule of Civil Procedure 9(b). Over Purdue's objections, however, the judge granted Radcliffe leave to amend the complaint.

At the same time, Judge Jones rejected...
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