Zofran MDL Plaintiffs: Ask State High Courts If Misrepresentation Is Preempted

Mealey's (January 25, 2017, 2:53 PM EST) -- BOSTON — Plaintiffs in the Zofran birth defect multidistrict litigation on Jan. 19 asked the judge to certify questions to five state supreme courts about whether a brand-name drug maker that creates a market for an off-label use of a drug can be liable under state law for misrepresentation (In Re:  Zofran [Ondansetron] Products Liability Litigation, MDL Docket No. 15-md-2657, D. Mass.)....

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