Judge Decertifies Class Action Suit Against Pfizer Over Epilepsy Drug

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Posted by Wayne ParsonsFebruary 11, 2009 12:04 PM

The Legal Intelligencer (2/11, Elliot-Engel) reports, "A month before a pharmaceutical class action was set for trial, a Philadelphia judge decertified the class of users of an epilepsy and neuralgia drug seeking reimbursement from the drug's maker after being prescribed the drug for uses not approved by federal regulators" granting "a pharmaceutical company defendant's motion for class decertification in Clark v. Pfizer Monday." The judge said,

"Since some class members have benefited from the use of Neurontin and other class members have not benefited, individual questions of fact are presented making the case unsuitable for class resolution."

According to a story in the National Law Journal:

The plaintiffs argued that defendant, Warner-Lambert Co., and its merger partner, Pfizer Inc., violated a federal law that prohibits drug manufacturers from marketing Food and Drug Administration-approved drugs for off-label uses, or uses not approved by federal regulators, according to court papers. The plaintiffs claimed that the drug company defendants conducted a campaign to promote the wider use of Neurontin and gabapentin.

However the Judge was concerned about differences between members of the class:

"Since some class members have benefited from the use of Neurontin and other class members have not benefited, individual questions of fact are presented making the case unsuitable for class resolution," Bernstein said. "Whether an individual class member suffered a compensable loss is an inherently individualized question which predominates making class resolution impracticable and nearly impossible."

Warner Lambert was charged in a criminal case for its off label marketing and paid a $240 million fine in earlier proceedings. Trial was scheduled to begin on March 9.

3 Comments

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LISA LILL
Posted by LISA LILL
March 24, 2009 2:29 PM

I HAVE SUFFERED SO MUCH PERMANENT DAMAGE FROM NEURONTIN AND AM TRYING TO FIND AN ATTORNEY TO HELP ME....THAT DRUG IS A NIGHTMARE AND SHOULD BE TAKEN OFF THE MARKET COMPLETELY. I ALMOST DIES NUMEROUS TIMES FROM THAT DRUG. I HAVE CONTACTED AN ATTY AT PFIZER BUT I NEED SOMEONE TO STEP IN AT THIS POINT AND TAKE OVER FOR ME.L I DESPERATELY NEED AN ATTY TO HELP ME. I CAN NEVER WORK AGAIN... PLEASE HELP ME. THANK YOU IN ADVANCE FOR TAKING THE TIME TO READ THIS. LISA LILL MOBILE ALABAMA

Wayne ParsonsInjuryBoard Attorney Member
Posted by Wayne Parsons
March 24, 2009 3:09 PM

Lisa: I will try to find an attorney to evaluate your situation. Write to me privately at wparsons@hawaii.rr.com or call at 808-753-0290

Jill Privette
Posted by Jill Privette
March 31, 2009 10:00 PM

Is it too late for me to get involved in the Class Action Suit against Neurontin manufacturers? I was prescribed Neurontin in Nov. 1999 for depression and anxiety problems after the high-risk birth of my now 9-year old twin boys. I was admitted to a mental health facility in Dec. 1999, which was a month and half after the twins were born, and a month after I was first prescribed Neurontin. The doctor there said that I was suicidal and I believe that the medications that they had me on, including Neurontin, were causing me these problems. I was suicidal according to the psychologist at the mental health facility that I was admitted to in Dec. 1999. It it written in my medical records. And I kept seeing her even after I was released from the hospital. She kept me on Neurontin for quite awhile, until I told her I just couldn't tolerate the medicine any longer. It was making me more depressed and made me have more suicidal thoughts, and just made me feel bad all the way around. I was eventually weaned off of this stuff (I am not real sure how long I was on it, but at least for 6 months or more), but I feel that the damage has already been done. I still suffer from deep depression and have anxiety attacks quite often. I have severe agoraphobia now, too, and cannot even work. I didn't think they knew what they were doing then, and I still don't think they know now, and now that I found out that there is a class action suit against Neurontin manufacturers, then I wish to add my name to the pot, and see if I can compensated for the damage they have done to me. Thanks for you help in advance.

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