I don't think they'd get very far in this case. Companies could theoretically get sued or have liability esp if they're actively promoting off label. But this is a rare case where the drug company has a large disincentive to encourage an off label use.
Plus, I think Gotleib was fear mongering and overstating the value of lucentis over avastin (does he consult for dna?).
I don't know what design flaws he was referencing but I'm looking forward to the outcome to see whether there is any relevant clinical difference avastin vs lucentis (I predict not).
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