A case brought against Pfizer to compensate someone for damages caused by off-label use of Neurontin will probably be brought under some type of fraud theory. The idea will be that Pfizer had a drug approved for a certain purpose by the FDA, but that Pfizer actively promoted and marketed the drug for a number of other off-label uses. While a doctor can prescribe a drug for an off-label use at his or her discretion, it is illegal for a drug company to market the drug in that manner. The fact that Pfizer has already pled guilty in a criminal proceeding, which carries a higher standard of proof than a civil proceeding, will help your case.
The other major issue you and your attorney will talk about is who to sue. Obviously Pfizer is the major wrongdoer in these cases, and has admitted to it. In many cases involving other drugs, the doctors who prescribed the drugs for the off-label purposes have sometimes also been held liable for damage to their patients. However, in this case, that remedy may not be available since Pfizer committed fraud against its doctor-customers, giving them brochures about safe and effective off-label treatments and even paying some physicians to pretend to have authored articles, which were written at Pfizer that purported to show that Neurontin was safe and effective for off-label uses. Given the extent of Pfizer’s fraud, it may be unreasonable to assume that your doctor should have known that the statements he or she relied on were fraudulent. The same applies to the pharmaceutical sales reps and pharmacists who also may have relied on Pfizer’s statements in making their recommendations. Your attorney will be able to help you sort out the liability in your particular case.
Suffered severe injury or death from Neurontin? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored link]