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Third-Party Payer Actions Cannot Be Brought As Class Actions

By James M. Beck and Mark Herrmann

We can't say much about the Neurontin litigation because our firm has some involvement, but anybody who has to oppose a third-party payer action brought as a class action should read In re Neurontin Marketing and Sales Practices Litigation, ___  F. Supp.2d ___, 2010 WL 53568 (D. Mass. Jan. 8, 2010).  The case decides various TPP summary judgment motions.  In so doing, the opinion collects in one place many of the individualized aspects of TPP behavior that preclude any form of class action.  Use it well.

Full post as published by Drug and Device Law on January 12, 2010 (boomark / email).