A woman who was prescribed medications for off-label uses doesn’t have standing to sue the drug company that marketed them, the U.S. Court of Appeals for the Third Circuit held.
Angela Montgomery failed to show that her doctor prescribed the medicine, Rebetol, because of Schering-Plough’s marketing strategy, the Third Circuit held in its 35-page opinion in In re Schering-Plough . The New Jersey-based drug company pleaded guilty in 2007 to criminal charges related to its marketing of the drug and agreed to a $435 million settlement with the government. Montgomery’s suit was one of many civil suits that followed and was consolidated into a class action to be transferred to Schering’s home state.
