Pfizer Off-Label Marketing Suit Pushed Toward Dismissal

By Greg Ryan (April 25, 2012, 5:56 PM EDT) -- A Texas federal magistrate judge on Monday called for the dismissal of a Blue Cross Blue Shield operator's suit against Pfizer Inc. over its alleged off-label marketing of antipsychotic drug Geodon and antibiotic Zyvox.

Health Care Service Corp.'s amended complaint was defective in the same ways as its original complaint, U.S. Magistrate Judge Caroline M. Craven said: The health insurance provider did not adequately allege Pfizer's supposed misrepresentations caused it economic injury or caused doctors to prescribe the drugs for off-label use when they otherwise would not have.

HCSC seeks damages under the Racketeer Influenced and Corrupt Organizations Act, saying it...

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