Nuedexta

Kessler Topaz Meltzer & Check, LLP (“Kessler Topaz”) is investigating a potential class action lawsuit against Avanir Pharmaceuticals (“Avanir”) for false and misleading off-label marketing of Nuedexta.  It has been reported that, in order to increase sales, Avanir marketed Nuedexta off-label to treat certain patients, including elderly patients suffering from dementia in nursing homes, for non-FDA approved treatments.  Specifically, Kessler Topaz is investigating potential claims on behalf of individuals, nursing homes, heath plans and/or other third-party payors who paid for improper Nuedexta prescriptions.

About Nuedexta

Nuedexta, which is manufactured and marketed by Avanir, is a combination of a generic cough suppressant and heart medication.  The drug hit the market in 2011 and is FDA approved to treat pseudobulbar affect (“PBA”), a neurological disorder marked by sudden and uncontrollable laughing or crying.  PBA is most commonly associated with people who have multiple sclerosis or ALS.  A year’s supply of Nuedexta can cost over $9,000.  Reports indicate that from 2012 to 2016, the number of Nuedexta pills prescribed increased by 400%.

Alleged Wrongful Conduct

Kessler Topaz is investigating whether the dramatic increase in the number of Nuedexta pills prescribed is the result of Avanir’s false and misleading advertising for off-label uses and/or doctors receiving unlawful payments from Avanir.  Specifically, Kessler Topaz is investigating whether Avanir improperly marketed Nuedexta’s use off-label and targeted elderly patients suffering from dementia or Alzheimer’s disease in order to increase sales.  Kessler Topaz is further investigating whether physicians prescribed Nuedexta based on financial incentives provided by Avanir.  Affected parties may include individuals, nursing homes, health plans and other third-party payors who may have paid for improper Nuedexta prescriptions.

If you or someone you know paid for or was prescribed Nuedexta, and would like to learn more about our investigation, please fill out our online form, or contact us today at 888-299-7706 or by email at [email protected].