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GSK Files Motion to Toss Fraud Claims in Zofran Litigation

GlaxoSmithKline (GSK) has asked a federal judge in Massachusetts to strike fraud-based claims over its marketing of the anti-nausea medication Zofran (generic: ondansetron) from MDL No. 2567, saying that it will be prejudiced if consumers are allowed to obtain discovery on those claims.

What’s the Problem?

May 10, 2017 – U.S. District Judge F. Dennis Saylor ruled last month that the suits’ marketing campaign allegations were too broad; however, those “now untethered” marketing fraud allegations are still in the master complaints, GSK stated in a motion to strike the claims.

“Striking these allegations is appropriate, given that the adequately pleaded claims — and the allegations underpinning them — define the scope of discovery,” the drugmaker said. “GSK will be significantly prejudiced if plaintiffs are permitted to obtain discovery on these inadequately pleaded allegations.”

In Sayor’s ruling, he said that although the consumers said GSK knowingly misrepresented the safety of using Zofran for morning sickness in its marketing campaigns, they haven’t provided a specific allegation about any advertisements, brochures, or presentations.

Sayor also ruled that claims that GSK sales reps misrepresented the safety of Zofran during pregnancy to doctors are also expressed in extremely vague terms.

Since the consumers didn’t plead their specific fraud theories as separate counts, allegations about “off-label” marketing, promotional schemes and statements by GSK sales representatives remain in the master complaints, even after the court found them inadequate, according to GSK.

Zofran is an anti-nausea medication that prevents vomiting by speeding up gastric emptying. It was approved by the U.S. Food & Drug Administration (FDA) in January 1991 for the treatment of chemotherapy patients.

However, since its approval, Zofran has been widely prescribed off-label as a treatment for pregnant women suffering from morning sickness. When used in this capacity, the drug has been linked to a wide range of severe birth defects including heart defects, cleft palate and clubfoot.

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 defect cases in all 50 states.

Free Case Evaluation: If your child was harmed by Zofran side effects, you should contact our law firm immediately. You may be entitled to a settlement by filing a lawsuit and we can help.

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