Plaintiff in Botox Off-Label Promotion Case Permitted to Replead FCA Claims

MARSHALL, Texas — A Texas federal judge has allowed a plaintiff to replead his claims accusing Allergan Inc. of violating the False Claims Act via its off-label promotion of Botox for pediatric migraines, ruling he did not adequately allege that the company made false statements or that the government would not have paid for the treatment had it known of the alleged fraud.

In an April 18 order, Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas further found the plaintiff did not sufficiently plead that Allergan’s alleged fraud was more than an innocent mistake …