Legal Opinion

Sidney Hillman Health Center o v. Abbott Laboratories, Incorpora

Court of Appeals for the Seventh Circuit

Decided October 12, 2017No. 17-1483PublishedCited by 15 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.'

The Food and Drug Administration has approved the use of Depakote (divalproex sodium) to treat seizures, migraine headaches, and some conditiohs associated with bipolar' disordér. Physicians are free to prescribe it to treat other conditions, called off-label uses, but a drug’s manufacturer can promote it only as suitable for uses the FDA has found to be safe and effective. Abbott Laboratories, which makes Depakote, encouraged intermediaries to encourage Depakote’s off-label uses while hiding its own involvement. This promotion, for conditions including…

2Cases cited15 opinions

  1. Munaf v. GerenSupreme Court of the United States · 2008
  2. Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
  3. Agency Holding Corp. v. Malley-Duff & Associates, Inc.Supreme Court of the United States · 1987
  4. Bridge v. Phoenix Bond & Indemnity Co.Supreme Court of the United States · 2008
  5. Rotella v. WoodSupreme Court of the United States · 2000

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3Cited by15 opinions

  1. Pat District Council 82 v. Takeda Pharmaceuticals CompanyCourt of Appeals for the Ninth Circuit · 2019
  2. Cnty. of Cook v. Wells Fargo & Co.District Court, E.D. Illinois · 2018
  3. United States v. MontagueCourt of Appeals for the Second Circuit · 2023
  4. Board of Education of Joliet Township High School, District 204 v. Publicis Health, LLCDistrict Court, N.D. Illinois · 2025
  5. Centene Corporation v. Indivior Inc.District Court, E.D. Pennsylvania · 2021

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