Renal Business Today - Phoenix, AZ, USA

12/30/2008

LOS ANGELES—The federal class-action accusing Amgen, Inc., DaVita, Inc., and Fresenius Medical Care Holdings Inc., of illegally promoting off-label use of drugs in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) appears to be lingering.

U.S. District Judge Philip Gutierrez in Los Angeles dismissed the multi-district litigation on Dec. 17. Seven health-benefits plans they cannot use federal civil racketeering and state unfair business practices claims for alleged violations that are the sole enforcement province of U.S. Food and Drug Administration (FDA) regulators.

Gutierrez allowed the plaintiffs to amend their suit to keep it alive. More