GlaxoSmithKline is urging a Massachusetts court to toss all lawsuits involving allegations that generic versions of its anti-nausea medication Zofran (ondansetron) caused birth defects, filing at least three motions since September.
Free Confidential Lawsuit Evaluation: If your child or other loved one was born with a birth defect after the mother took Zofran during pregnancy, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
What’s the Problem?
November 9, 2016 – GSK’s most recent attempt to have Zofran birth defect lawsuits removed from the multidistrict litigation (MDL No. 2657) in the District of Massachusetts came Oct. 13, when the company filed motions to dismiss fraud-based claims and claims made by plaintiffs who took generic versions of the drug.
The drugmaker said plaintiffs failed to present factual evidence to support their claims, which allege counts of negligent misrepresentation, fraudulent misrepresentation and concealment, as well as violation of state consumer protection law.
Plaintiffs have accused GSK of improperly representing that Zofran was safe and effective for treating morning sickness during pregnancy through its marketing and promotion of the drug, and allege the company fraudulently misrepresented and failed to adequately warn the public and medical community of its risks on the product’s labeling.
GSK said plaintiffs’ contention that the company “knowingly” made false statements and misrepresented Zofran’s birth defect risks “lack factual detail” and fail to meet the federally-mandated pleading threshold. According to the motion:
“The Master Complaints lack any identification of the parties making or receiving the supposed representations (the ‘who’); the specific content of the alleged false representations (the ‘what’); and the locations and dates the specific representations were actually made to Plaintiffs and/or their doctors (the ‘where’ and ‘when’).”
GSK went on to argue that claims of fraud cannot be based on presumption alone and urged Judge Saylor to dismiss those specific lawsuits from the approximately 300 cases currently pending in the District of Massachusetts.
Zofran has been approved by the FDA to treat post-operative nausea associated with certain types of surgery, and for patients undergoing radiation or chemotherapy. While the drug has never been approved to treat morning sickness, an analysis published last year by the American Journal of Obstetrics and Gynecology (AJOG) suggested that up to one million women in the U.S. are prescribed Zofran or its generic equivalent for this purpose annually. Lawsuits allege that this practice is the result of improper marketing by GSK, and that the company hid information regarding Zofran’s link to birth defects and failed to adequately warn the public and medical community about this risk.
Do I Have a Zofran Lawsuit?
The Class Action 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: Again, if your child or other loved one was harmed 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.