Whistleblower Suit Against Abbott Laboratories Survives Motion To Dismiss

A whistleblower lawsuit against Abbott Laboratories was given the green light to continue in federal court, surging Abbott’s motion to dismiss in the Eastern District of Pennsylvania.

According to the lawsuit, which was brought under the qui tam provisions of the False Claims Act in 2009 by former Abbott sales representative Amy Bergman, Abbott unlawfully marketed its cholesterol drug TriCor for the off-label treatment of diabetic patients.

Abbott Laboratories filed a motion to dismiss alleging that Bergman’s suit failed to plead the alleged off-label marketing scheme with particularity as required by Rule 9(b). Judge C. Darnell Jones rejected the motion, finding that Bergman’s complaint contained “myriad details” of Abbott’s off-label marketing statements that contradicted its FDA approved label.

Judge Jones’ opinion in Bergman v. Abbott is the latest in a line of cases in several circuits, including the Third Circuit, that allows a more relaxed pleading standard for off-label marketing claims under 9(b). Robert Nicholson of Nicholson & Eastin in Florida and Marc S. Raspanti of Pietragallo Gordon Alfano Bosick & Raspanti are the attorneys for Relator Bergman.

For more information see: http://tiny.cc/k3btax.

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