Abbott, AbbVie Win Dismissal of Suit Over Depakote Marketing
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Abbott Laboratories and AbbVie Inc. won final dismissal of a lawsuit by union health benefit funds claiming the epilepsy drug Depakote was marketed for unapproved uses, compelling them to pay for prescriptions to treat conditions for which there was no proof the drug was effective.
U.S. District Judge Sara Lee Ellis in Chicago threw out five state law claims yesterday and reiterated her May 12 rejection of the funds’ federal racketeering allegations. All of those claims were made too late to be actionable, she said.