On February 9, three weeks before a trial was scheduled to commence, the Court of Common Pleas in Philadelphia granted a motion—filed by Davis Polk on behalf of our client Pfizer—to decertify a class action brought on behalf of all Pennsylvania consumers who purchased Pfizer’s prescription drug Neurontin or its generic equivalent for unapproved or “off-label” uses between 1995 and 2007.

Plaintiffs in the case had brought the action alleging that Pfizer and its predecessor Warner-Lambert had improperly promoted Neurontin for off-label uses and asserting that consumers who had purchased the medication for those uses were entitled to their money back – allegedly in excess of $130 million. In June 2007, the court had certified the class. Last fall, with leave of the court, Davis Polk lawyers took a series of depositions of doctors around the Commonwealth of Pennsylvania. Through those depositions, Davis Polk established that each of those doctors prescribed Neurontin for off-label uses because they believe that the medication works, not because of any promotion by Pfizer or Warner-Lambert. Davis Polk also established that Neurontin has effectively treated the conditions of numerous class members. Davis Polk pointed to this record in arguing that the class should be decertified. The court granted the motion without oral argument, based on the deposition record and the briefs that Davis Polk prepared.

The Davis Polk litigation team included partners James P. Rouhandeh, Neal A. Potischman and Edmund Polubinski III, associates Rajesh James, Paul S. Mishkin, Christopher J. Roche and Brooke A. Russakoff, and legal assistants Ethan Anderson and David R. Tawil. Neal A. Potischman and Stephanie E.L. McCleery are based in the Menlo Park office and all other members of the Davis Polk team are based in the New York office.