The Ninth Circuit ruled Dec. 3 that the plaintiffs in the case — which are patients and health insurers — can sue the drugmakers on the grounds that they violated the Racketeer Influenced and Corrupt Organizations Act.
The patients and insurers argue the drugmakers committed mail and wire fraud by refusing to change the warning label on Actos after learning the drug increases patients’ risk of bladder cancer. Actos is used to lower blood sugar in Type 2 diabetics. By refusing to change the label, the plaintiffs argue the companies intentionally misled physicians, consumers and insurers that Actos was safe.
Read the full article here.
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