Pfizer finally gets some good news about Neurontin, the popular epilepsy drug that caused the drugmaker a great deal of trouble. A US Justice Department investigation found that between 1995 and 2000, Warner-Lambert - which Pfizer bought - improperly promoted the med off-label. Pfizer pled guilty, paid a $430 million fine and signed a corporate integrity agreement.

That wasn’t all. A consumer filed a class-action lawsuit in New York state court, seeking a refund of the purchase price on the grounds that she wouldn’t have bought Neurontin if she’d known about the drugmaker’s “deceptive practices.” The lawsuit could’ve opened the door to untold millions of dollars more in payouts.

But an appeals court has dismissed the case, saying that Stephanie Baron, who was prescribed Neurontin for neck pain, failed to allege any actual harm or injury. For example, she couldn’t prove the drug was ineffective, hurt her health, or the price was out of bounds due to the off-label marketing.

The Court also stated that Baron’s claim that Neurontin was potentially dangerous was only speculative, and was belied by the fact that the off-label use of a drug is a widespread and accepted medical practice. She also was unable to make the case that her doctor’s decision to prescribe Neurontin was influenced by the drugmaker and its marketing.

In other words, the court decided that off-label marketing doesn’t a guarantee a refund check is in the mail.

Hat tip to New York Legal Update