United States First Circuit

Judgment compensating plaintiff, a major health plan provider and insurer, for the injury it suffered by its payment for four categories of off-label Neurontin prescriptions which had been induced by a fraudulent scheme by defendant are affirmed, where: 1) the district court correctly concluded that plaintiff met the proximate causation requirement; 2) there was sufficient evidence to support but-for-causation; 3) the totality of the evidence strongly supports a conclusion that Neurontin was not effective for the four off-label conditions as to which the district court and jury found liability; 4) the district court did not err in accepting Dr. Hartman's methodology for calculating damages; and 5) the district court did not err in denying defendant's motions to transfer venue before trial or for a new trial.

Appellate Information

• Decided 04/03/2013
• Published 04/03/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel