Federal judge denies bid by drugmaker to dismiss Provigil marketing claims

Federal judge denies bid by drugmaker to dismiss Provigil marketing claims


07/30/2015 // JusticeNewsFlash // (press release)

Pennsylvania – A federal judge in Pennsylvania has ruled against Cephalon Inc.’s request that claims made in a False Claims Act lawsuit regarding the marketing of its drug Provigil be dismissed. U.S. District Judge Thomas N. O’Neill Jr. shot down the drugmaker’s assertion that the claims should be dismissed because similar FCA claims were brought forth in another case that had been dismissed in 2013.

The matter stems from a case originally filed in 2008 by plaintiff Bruce Boise who accused the drugmaker of rewarding doctors for prescribing Nuvigil and Provigil for off-label uses. The medications are  prescribed for narcolepsy and other wakefulness disorders; however, the suit alleges some doctors also prescribed them also for conditions such as ADHD, depression, and Parkinson’s disease.

Andrew Miller, an attorney for the plaintiffs stated to Law360 of the court’s recent ruling “Our clients are delighted with the court’s ruling — in light of the Supreme Court’s recent decision in Carter — that the first-to-file rule does not bar their Provigil allegations… We look forward to proceeding to discovery on both the Nuvigil and Provigil claims.”

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