A class of plaintiffs in a case against Pfizer over its alleged off-label marketing of an epilepsy drug was properly decertified when Pfizer presented new evidence that the class’s main expert didn’t prove class members’ individual doctors relied on the marketing, the Pennsylvania Superior Court said.
The appellate court also ruled a class can be decertified after a decision on the merits if new evidence comes to light. The three-judge Superior Court panel vacated a summary judgment motion in favor of Pfizer now that the class is decertified because leaving the judgment intact would preclude absent class members from bringing individual suits on the same issue.
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