Appeal Dismissal Ensures Zofran Lawsuits Continue Into 2017

Appeal Dismissal Ensures Zofran Lawsuits Continue Into 2017

Zofran lawsuits continue apace, despite GlaxoSmithKline’s (GSK) best efforts to have them quashed. 

For several months now, GSK has made the claim that five lawsuits prompted by birth defects should be dismissed by Judge F. Dennis Saylor IV in Massachusetts. The pharmaceutical company’s belief is that the plaintiffs failed to file key records and documentation in time for a court-imposed “discovery deadline.” That was back in September, when the families suing GSK asked for more time to gather the appropriate medical records for their case. Those documents have since been filed.

Late last month, Judge Saylor ensured the case would roll on into 2017.

“Dismissal is not appropriate under the circumstances,” he concluded in his summary, based on the requested records now being available to the court. With today (December 9th) being the final day for GSK to renew its motion to dismiss, it seems likely that the District Court of Massachusetts will proceed with the case. The five families who

The five families who filed the multidistrict litigation (MDL), which is related to more than 350 Zofran birth defect lawsuits, revolves around GSK’s advertising practices. While Zofran is approved by the FDA as an anti-nausea medication, that approval does not extend to use by pregnant women to combat morning sickness. Plaintiffs allege that GSK circumvented those restrictions by illegally marketing the drug as a suitable treatment for such pregnancy complaints. Zofran certainly gained popularity quickly in those circles

Plaintiffs allege that GSK circumvented those restrictions by illegally marketing the drug as a suitable treatment for such pregnancy complaints. Zofran certainly gained popularity quickly in those circles, which the lawsuit puts down to misleading ads on the part of the pharmaceutical company. A 2012 settlement by GSK with the US Department of Justice on the same subject would seem to support those claims, as the company paid $3 billion to remove charges of fraud.

The highly contested Zofran litigation has moved forward slowly, but the litigation is making process. No trial date has been set for now, but the families behind the litigation hope to see one early in the New Year.

When their day in court is confirmed, the case against Zofran and GSK will quickly attract attention despite the company’s best efforts to derail the case on a technicality. 

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