Jury Decides Pfizer Should Pay $142.1 Million for Marketing Fraud

A jury in Boston federal court decided that Pfizer violated the federal Racketeer Influenced and Corrupt Organization Act (RICO) in marketing its epilepsy drug Neurontin and should pay $142.1 million in damages.

The suit was brought by Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals.  Kaiser alleged that Pfizer illegally promoted Neurontin for unapproved uses, and misled them into thinking it could be used to treat migraines, bipolar disorder and other conditions.  As a result, the drug was improperly prescribed for off- label uses, and in dosages larger than those approved by the FDA. 

Pfizer’s own studies showed Neurontin was no more effective than a placebo in treating those conditions, but the company never told doctors or patients their findings.  While many view this as a victory for evidence-based medicine, Pfizer argued that Kaiser doctors continued to prescribe Nerontin after the company sued Pfizer and plans to appeal the verdict. 

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