Novo Nordisk Inc. has recently secured an advantageous legal position in a case involving allegations of unlawful drug promotion and off-label use of its hemophilia medication, NovoSeven. The controversy surrounds a lawsuit filed by the state of Washington, accusing Novo Nordisk of breaching the False Claims Act (FCA) and the Anti-Kickback Statute. However, Novo Nordisk gained a strategic edge when the US District Court, led by Judge Benjamin H. Settle, imposed an adverse jury instruction against the state.
The state of Washington faced a setback due to its failure to preserve crucial evidence. As a result, the court will instruct the jury that it can infer the prescriptions in question were medically necessary. This inference arises because the lost records might have indicated that state officials had approved payment for NovoSeven prescriptions, supporting Novo Nordisk’s stance in the proceedings.
The case highlights the critical nature of evidence preservation in legal disputes, especially those involving pharmaceutical promotions and drug use allegations. The absence of such records can considerably affect the litigation outcome, as illustrated by this recent development in the Novo Nordisk case.
For further details, readers can access the original coverage of the case by visiting Bloomberg Law.