What’s the Problem?
November 9, 2016 – GSK argued in the motion that Judge F. Dennis Saylor IV, who is overseeing the Zofran multidistrict litigation (MDL No. 2657) in Boston, should dismiss at least 27 lawsuits filed on behalf of women who allege they had children with birth defects after they were prescribed a generic version of ondansetron for morning sickness during pregnancy. The company claims the suits were filed under state laws that “do not permit a defendant to be held liable for a product it did not manufacture, sell, or distribute.”
In a second motion filed the same day, GSK requested that all fraud-based lawsuits be removed from the MDL, arguing that any “contention that GSK, through its marketing, promotion, and labeling, somehow misrepresented facts about Zofran […] lacks basic factual detail.”
Plaintiffs have opposed the move, calling GSK’s motions a “sweeping” and inappropriate attempt to delay the litigation. Additionally, plaintiffs contend that both dismissal motions are invalid because they require judgments on state law, and thus cannot lead to rulings common to every complaint.
The U.S. Judicial Panel on Multidistrict Litigation (JPML) decided to consolidate the Zofran lawsuits because they all have nearly identical allegations:
- GSK fraudulently misrepresented Zofran to doctors about the safety of Zofran for use during pregnancy.
- GSK knew and concealed the drug’s alleged link with severe congenital birth defects, and failed to provide the public and medical communities with information about this risk.
- GSK marketed the drug to pregnant women “off-label” for uses not approved by the U.S. Food & Drug Administration (FDA).
The litigation is: In Re: Zofran (Ondansetron) Products Liability Litigation – MDL 2657.
Do I have a Zofran Lawsuit?
The Pharmaceutical Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Zofran lawsuits. We are handling individual litigation nationwide and currently accepting new birth defects cases in all 50 states.
Free Case Evaluation: Again, if your child or other loved one was injured by Zofran side effects, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.