Zofran MDL Judge Denies Dismissal For Lack Of ‘Clear Evidence’ Of FDA Action

(January 25, 2016, 1:45 PM EST) -- BOSTON — GlaxoSmithKline LLC’s attempt to dismiss the Zofran multidistrict litigation before discovery began is premature, a Massachusetts federal judge ruled Jan. 22 (In Re: Zofran [Ondansetron] Products Liability Litigation, MDL Docket No. 2657, No. 15-md-2657, D. Mass.).

(Zofran opinion available. Document #28-160204-003B.)

Zofran is approved to treat post-anesthesia nausea and nausea and vomiting cause by radiation and chemotherapy. Plaintiffs allege that GlaxoSmithKline (GSK) marketed Zofran off-label for treatment of morning sickness and that the prescription drug resulted in birth defects.

GSK moved to dismiss, arguing...
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