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RUBEL v. PFIZER INC.

No. 03-3488.

361 F.3d 1016 (2004)

Janet RUBEL, Plaintiff-Appellee, v. PFIZER INC. and Warner-Lambert Company, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 2004.

Attorney(s) appearing for the Case

Kristi L. Browne, argued, Walner & Associates, Chicago, IL, for Plaintiff-Appellee.

Robert B. Ellis, argued, Kirkland & Ellis, Chicago, IL, for Defendants-Appellants.

Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Janet Rubel filed in state court a complaint alleging that Pfizer and Warner-Lambert had improperly promoted the prescription drug Neurontin for off-label uses (i.e., medical conditions not covered by the Food and Drug Administration's finding that the drug is safe and effective). She sought restitution of the amounts she had paid for the drug, an injunction forbidding future promotion for off-label uses, disgorgement of all profits Pfizer...

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