In Re Neurontin Marketing & Sales Practices Litigation
754 F. Supp. 2d 293
D. Mass.2010Background
- Plaintiffs Harden, BCBSLA, Local 68, ASEA, Gerald Smith, and Lorraine Kopa sue Pfizer and Warner-Lambert under RICO, NJ CFA, and common-law theories for fraud and unjust enrichment.
- Defendants moved for summary judgment on causation, off-label efficacy, scienter, and standing.
- Court previously addressed Coordinated Plaintiffs (Kaiser, et al.) and later issued Kaiser findings on off-label efficacy.
- Kaiser trial findings influenced causation analysis; the court later held a bellwether Kaiser verdict in November 2010.
- The court grants summary judgment to all Class Plaintiffs except Gary Varnam and Jan Frank Wityk, after considering individual and class evidence.
- For individual consumers, some causation issues hinge on two doctors who received misleading materials; for others, no admissible evidence shows their prescriptions were caused by defendants’ misrepresentations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation of prescriptions by alleged fraud | Off-label detailing correlates with increased prescribing. | No admissible doctor reliance on fraud; independent medical judgment prevails. | Triable issue for Varnam and Wityk; otherwise not proven. |
| Fraud and scienter in off-label marketing | Dear Doctor letters omitted negative trials, implying scienter. | No doctor testified they would have changed treatment; limited evidence of reliance. | Two doctors raise triable issues; others do not. |
| Causation for Class TPP plaintiffs | National aggregate analyses show injury from Pfizer's promotion. | Aggregate proof insufficient; need doctor-specific reliance on misrepresentations. | Class TPP causation not established; aggregate proof rejected. |
Key Cases Cited
- Bridge v. Phoenix Bond & Indem. Co., 553 U.S. 639 (U.S. 2008) (reliance not element of RICO causation)
- Holmes v. S.E.C. Investor Prot. Corp., 503 U.S. 258 (U.S. 1992) (proximate causation in RICO)
- Lussier Enters., Inc. v. Subaru of New England, Inc., 393 F.3d 36 (1st Cir. 2004) (RICO proximate causation standard)
- Galloza v. Foy, 389 F.3d 26 (1st Cir. 2004) (summary judgment standards; evidence evaluation)
- UFCW Local 1776 v. Eli Lilly & Co., 620 F.3d 121 (2d Cir. 2010) (physician reliance and aggregate proof in class actions)