Zofran Linked to Birth Defects and Other Injuries
GlaxoSmithKline PLC on Monday asked a Massachusetts federal court to strike fraud-based claims about its marketing of anti-nausea drug Zofran from multidistrict litigation alleging that the drug is linked to birth defects, saying that it will be prejudiced if consumers are allowed to obtain discovery on those claims.
U.S. District Judge F. Dennis Saylor on April 24, ruling on a motion to dismiss, found that the suit’s marketing campaign allegations were too broad, but those “now untethered” marketing fraud allegations are still in the master complaints, GSK said in its bid to strike those 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 the judge’s ruling, he said that although the consumers said GSK knowingly misrepresented the safety of taking Zofran during pregnancy in its advertising and marketing campaigns, they haven’t provided a specific allegation — either in the master complaints or the individual ones — about any advertisements, brochures, presentations or the like.
The InjuredGo.com Legal Team can answer your questions if you think that you may have a case regarding Zofran.