Plaintiffs Oppose GlaxoSmithKline’s Motion to Dismiss Failure to Warn Claims

With already more than 200 complaints pending in the Zofran (ondansetron) federal multidistrict litigation (“MDL”) in the District of Massachusetts, the drug’s manufacturer GlaxoSmithKline (“GSK”) is asking U.S. District Judge Dennis Saylor to dismiss the plaintiffs’ failure-to-warn claims, arguing there is evidence that the FDA would have rejected any warning label update the plaintiffs claim should have been provided to women and the medical community. Plaintiffs in the MDL, led by Grant & Eisenhofer as co-lead counsel in the litigation, have opposed the motion, arguing that the issue is premature since discovery in the cases has barely begun. The parties have argued before Judge Saylor and he will release a decision on whether it is ripe for consideration.

The MDL stems from use of Zofran (ondansetron) by pregnant women to treat morning sickness. Plaintiffs argue that GSK illegally promoted Zofran (ondansetron) “off-label” for pregnancy-related nausea, claiming the drug caused children to be born with congenital heart defects, cleft palate, and other malformations. Grant & Eisenhofer has been at the forefront of the litigation since its inception, filing the first case, and over 20 others, against GSK on behalf of women and families affected by Zofran (ondansetron). Call us today at 877-978-0169 if you or a loved one took Zofran (ondansetron) during your first trimester and your child was born with a congenital heart defect or cleft palate.

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