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Judge Denies GlaxoSmithKline’s Motion to Dismiss Zofran Lawsuits

Posted on April 27, 2016

A federal judge in Massachusetts has denied GlaxosmithKline’s (GSK) request to dismiss hundreds of lawsuits that were recently consolidated into a multidistrict class action claim over birth defects linked to the use of Zofran (ondansetron). GSK’s motion to dismiss the lawsuits was based on their argument that the plaintiff’s complaints were based on state laws and not federal laws.

Basis of the Lawsuit

The lawsuit involves more than 200 families who allege that GSK failed to adequately warn them about the potential for birth defects in children born to mothers who took Zofran during pregnancy. Zofran was marketed as an anti-nausea medication and was targeted toward pregnant woman as a remedy morning sickness, even though the U.S. Food and Drug Administration (FDA) hadn’t approved it for that purpose. The drug was later linked to such birth defects as:

  • Cleft lip
  • Cleft palate
  • Fetal growth restriction
  • Hip dysplasia
  • Heart abnormalities
  • Club foot
  • Jaundice
  • Facial deformities
  • Vision and hearing problems
  • and more

GSK argued further that the lawsuits should be thrown out because the FDA hadn’t ordered the company add the birth defect warning to the product. The judge sided with the plaintiffs who said GSK’s attempts to have the lawsuit dropped were “unprecedented and violates established federal law.”

Contact a Tenacious Pharmaceutical Litigation Attorney

Your children, even those yet to be born, are your most cherished possessions. Pharmaceutical companies have a duty to thoroughly test their products for negative side effects before they unleash them on a trusting public. Birth defects can seriously affect the life of a child and the lives of their entire family for years to come. If you took Zofran or any other medication during pregnancy, you may have grounds for a legal claim. To find out more about your legal rights and options, call the law offices of Farah & Farah at (800) 533-3555 to schedule a free consultation. We are currently investigating Zofran related injuries nationwide.