Baron v. Pfizer, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (McCarthy, J.), entered May 2, 2006 in Albany County, which granted defendant’s motion to dismiss the complaint.
Plaintiff commenced this action seeking certification of a statewide class of all individuals who purchased the drug Neurontin for “off-label” uses, i.e, uses for which the drug was not approved by the Food and Drug Administration (hereinafter FDA). The Parke-Davis Division of Warner-Lambert Company, which was acquired by defendant in 2000, received approval from the FDA to market and sell Neurontin for the treatment of epilepsy. From June…
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