A federal district court in New York has ruled that the FDA cannot prohibit the promotion of medications for off-label use, so long as those uses are truthful. This ruling follows a lawsuit filed by Amarin Pharma, manufacturer of the heart medication Vascepa. Clinical trials have shown Vascepa to be effective at treating other conditions, but the FDA had declined to approve the drug for such uses. Four doctors and the company sued the FDA claiming that the Administration’s off-label prohibitions were a violation of their First Amendment right to free speech.
If you have sustained injury from a medication that was prescribed for off-label uses, you may be entitled to compensation. The best way to learn if you have cause to file suit is by calling Bakersfield product liability attorney Mickey Fine at (661) 333-3333 and scheduling a free consultation today.
When a medication is prescribed for off-label use and injury is a result, determining liability is not always easy. The prescribing doctor or administering hospital may share responsibility, but so too may drug manufacturers who encourage off-label promotion. Attorney Fine is here to investigate your claim, identify the liable party, and help you secure the full compensation you are due.
To schedule your free consultation at our Bakersfield office, please contact us today.