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New Case Against Pharmaceutical Company Unsealed in Colorado-Presents Key Legal Question on Rule 9(b)
February 09, 2015

On January 12, 2015, the Colorado district court unsealed the operative pleadings in United States ex rel. Prough v. Sunovion Pharmaceuticals, Inc., Case No. 13-cv-02336-PAB. The complaint alleges that the defendant, a pharmaceutical manufacturer, promoted its drug Latuda, “for off-label, non-approved uses.” The complaint alleges that Sunovian’s representatives both marketed the drug for uses not approved by the Food and Drug Administration and at doses that were not approved.