Pfizer Can't Escape Narrowed Off-Label Marketing FCA Suit

By Dani Kass (March 2, 2016, 6:01 PM EST) -- A Pennsylvania federal judge on Monday trimmed a False Claims Act suit against Pfizer Inc., but left room for the whistleblowers to refile and pursue other claims alleging illegal off-label marketing and kickback practices relating to the drugmaker's anti-fungal medication Vfend.

U.S. District Judge R. Barclay Surrick said part of the suit was barred by the FCA's first-to-file rule, which bans whistleblower suits over allegations that have already been brought to light, but gave leave to refile because the earlier suit was dismissed. The judge then shot down arguments from Pfizer that the FCA allegations more properly fit under the Food,...

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