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BARON v. PFIZER, INC.

42 A.D.3d 627 (2007)

840 N.Y.S.2d 445

STEPHANIE BARON, on Behalf of Herself and All Others Similarly Situated, Appellant, v. PFIZER, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2007.

Mercure, J.

Plaintiff commenced this action seeking certification of a statewide class of all individuals who purchased the drug Neurontin for "off-label" uses, i.e., uses for which the drug was not approved by the Food and Drug Administration (hereinafter FDA). The Parke-Davis Division of Warner-Lambert Company, which was acquired by defendant in 2000, received approval from the FDA to market and sell Neurontin for the treatment of epilepsy. From June 1995 to April...

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