Sidney Hillman Health Center of Rochester v. Abbott Laboratories

Federal 7th Circuit Court
Civil Court
RICO
Citation
Case Number: 
No. 17-1483
Decision Date: 
October 12, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing RICO claim filed by plaintiffs-third-party payers of drug expenses incurred by patients in action alleging that defendant-manufacturer of Depakote improperly encouraged intermediaries to promote Depakote’s off-label uses to physicians while hiding its own involvement in said encouragement. Instant improper representations to physicians regarding off-label uses of Depakote did not support RICO claim for instant plaintiffs, even though plaintiffs ultimately incurred expenses for issuance of prescriptions for said drug, since defendant’s improper promotion to physicians and plaintiffs’ payments for said drug were too causally removed to support viable RICO claim. Ct. further noted that: (1) some off-label uses of Depakote could be beneficial to patients; (2) some physicians were apt to write such prescriptions regardless of any promotion of off-label uses by defendant; and (3) some physicians may not have changed their prescribing practices in spite of defendant’s promotional efforts. As such, Ct. of Appeals doubted that plaintiffs could have established viable damage claim arising out of defendant’s conduct.