Pfizer may be liable in generic Neurontin suit

PHILADELPHIA A judge has ruled that Pfizer may be responsible for compensating members of a class action lawsuit who purchased any generic version of its epilepsy drug Neurontin and used it for off-label use.

The patients who filed the suit in Pennsylvania’s Court of Common Pleas of Philadelphia County are seeking funds not exceeding $75,000 per person.

So far in the case, Judge Mark Bernstein denied Pfizer’s motion for partial summary judgment with respect to the plaintiffs’ claims of negligence, negligent misrepresentation and intentional misrepresentation but granted judgment to the plaintiffs’ claims of warranty as to the purchases of the generic version of Neurontin, gabapentin not manufactured by Pfizer.

Pfizer previously entered into an agreement with the Justice Department and states attorneys general under which it agreed to pay $430 million in connection with allegations that it caused doctors to submit Medicaid claims for unapproved uses of the drug.