GlaxoSmithKline PLC has filed a motion with a Massachusetts federal judge seeking to have fraud-based claims over the anti-nausea medication Zofran (generic: ondansetron) thrown out of court, saying that it will be prejudiced if consumers are allowed to obtain discovery on those claims.
Free Confidential Lawsuit Evaluation: If your child or other loved one was born with a birth defect after the mother used Zofran in pregnancy, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against GSK and our lawyers can help.
What’s the Problem?
May 10, 2017 – U.S. District Judge F. Dennis Saylor, who is overseeing the Zofran multidistrict litigation (MDL No. 2567) in Massachusetts, said last month in a motion to dismiss that the complaints’ marketing campaign allegations were too broad, but those “now untethered” marketing fraud allegations are still in the master complaints, GSK said in its motion to strike the claims.
Saylor ruled that striking the allegations was appropriate, given that the claims define the scope of discovery, according to GSK, who argued that it would be significantly prejudiced if plaintiffs are permitted to obtain discovery on the allegations.
The judge also said that although the consumers said GSK knowingly misrepresented the safety of taking Zofran during pregnancy, they haven’t provided a specific allegation regarding any advertisement material.
Since the consumers didn’t plead their different fraud theories as separate counts, these allegations remain in the master complaints even after the court found them inadequate, GSK said.
GSK is asking that Saylor bar the consumers from seeking discovery on those claims, which includes a request for documents produced by the Justice Department during its investigation of alleged off-label marketing of Zofran.
In 2012, GSK paid $3 billion to settle allegations of off-label promotion involving several drugs, including Zofran, which the DOJ said had been illicitly promoted for morning sickness from 2002 to 2004.
Do I Have a Zofran Class Action 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 was injured by the side effects of Zofran, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.