The court overseeing hundreds of Zofran birth defects lawsuits has denied a defense bid seeking dismissal of five cases.
GlaxoSmithKline sought to have the complaints thrown out after plaintiffs missed certain discovery deadlines. However, they have since filed all required documents, prompting U.S. District Court Judge F. Dennis Saylor IV of the District of Massachusetts to allow the cases to proceed.
“Because it appears that plaintiffs have submitted the required information, an order compelling production of discovery and / or the filing of short-form complaints is unnecessary,” Judge Saylor wrote in his November 18th Order. “Furthermore, the relatively extreme sanction of dismissal is not appropriate under the circumstances.”
Court records indicate that more than 340 Zofran lawsuits are now pending in the District of Massachusetts, where all federally-filed birth defects claims involving the anti-nausea medication have been centralized for the purpose of coordinated pretrial proceedings. According to RXInjuryHelp.com, plaintiffs involved in the federal Zofran litigation allege that GlaxoSmithKline has concealed information suggesting that the drug is associated with an increased risk of birth defects when used by expectant mothers during the first trimester of pregnancy. Plaintiffs also assert that Glaxo improperly marketed Zofran as a safe and effective remedy for pregnancy-related nausea and vomiting, even though it has never been approved as safe or effective for this indication.
Zofran is only approved to treat nausea associated with certain cancer treatments or surgery. However, one analysis published in 2014 suggested that more than 1 million pregnant women in the U.S. are prescribed the medication every year to combat nausea and vomiting. In 2012, GlaxoSmithKline agreed to pay $3 billion to resolve illegal marketing charges with the U.S. Department of Justice that involved a number of its medications. Among other things, the company had been accused of promoting Zofran as an off-label treatment for expectant mothers suffering from morning sickness.
Bernstein Liebhard LLP is offering free legal reviews to alleged victims of Zofran birth defects. To learn more, please call (888) 881-3077.