The federal judge overseeing lawsuits in the Zofran (ondansetron) anti-nausea drug multidistrict litigation in Massachusetts denied GlaxoSmithKline’s motion to dismiss the lawsuits. The judge sided with more than 200 families that sued GlaxoSmithKline for failing to warn them the morning sickness drug, Zofran, could cause birth defects.
Pharma giant GSK argued that all the federal Zofran lawsuits should be thrown out because plaintiffs’ allegations of failure to warn are based on numerous state laws, not federal, and the FDA would have denied a request for label change. United States District Judge F. Dennis Saylor IV ruled on January 22, 2016 that plaintiffs will be allowed to continue with discovery, for now.
