Category: Pharmaceutical Drugs

RICO-PHARMACEUTICAL DRUG MARKETING-AVANDIA RICO-PHARMACEUTICAL DRUG MARKETING-AVANDIA- In re Avandia Marketing, Sales and Products Liability Litigation, 2019 U.S. App. LEXIS 37485 (3d Cir. December 17, 2019) Restrepo, C.J.  Health care plan sued manufacturer of Avandia claiming RICO violation, violation under state law and Unfair Trade Practices and Consumer Protection Act.  The district court granted the motion to dismiss and the Third Circuit reversed and remanded.  The plans claimed that Avandia concealed data with respect to potential cardiovascular risks and side effects, violating RICO and various consumer-protection laws.  GSK failed to demonstrate that the Plans’ state-law consumer protection claims are preempted by the FTCA.  The district court erred in granting summary judgment on the plans’ RICO claims without giving plans the benefit of discovery on those claims.  Presumably, these claims may be brought by an individual that would even have more direct standing. Do Sleep Aids Impair Driving Performance? People who cannot sleep become desperate, so it is not surprising that sleep aids are used by approximately 60 million Americans each year. In addition to prescription drugs, there are many over-the-counter medications used for treating insomnia. Most common sleep aids help people…