Allegations that Cephalon illegally marketed its pain medication called Actiq have survived a motion from the drug company requesting that the court reconsider its denial of summary judgment issued a year ago.
The Pennsylvania Turnpike Commission and the Indiana Carpenters Welfare Fund brought a class action, contending that both are owed damages from the Pennsylvania drug company because they paid for medication that was prescribed as a result of Cephalon’s marketing for off-label uses of Actiq. The Food and Drug Administration approved limited marketing of the drug in 1998 for the treatment of severe pain in cancer patients, according to the March 2011 denial of summary judgment.
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