GlaxoSmithKline, the manufacturer of Zofran, wants plaintiffs in the federal birth defects litigation to specify whether their cases involved the name-brand or a generic version of the anti-nausea medication. According to a report from Law360.com, the company asserts that this type of identification will allow the court to assess the viability of individual cases pending in the proceeding.

220+ Zofran Lawsuits Pending

Court records indicate that just over 220 Zofran lawsuits have been filed in the U.S. District Court, District of Massachusetts, all of which allege that the drug can cause serious birth defects when used by expectant mothers in the first three months of pregnancy. Plaintiffs claim that Glaxo knew about and concealed this risk, and further charge that the drug maker improperly marketed the medication as an appropriate remedy for pregnancy-related nausea and vomiting. Zofran has never been cleared by the U.S. Food & Drug Administration (FDA) for this purpose.

In a Motion filed with the Court on February 22nd, GlaxoSmithKline argued that product identification should occur sooner rather than later, as there are a “substantial number of companies selling generic ondansetron. Requiring disclosure of product information now—information that Plaintiffs should already possess—is the most sensible and fair way to proceed with initial discovery in this litigation. It will allow for a meaningful and fair assessment of the viability (or lack thereof) of the cases before time and money are expended on cases and claims that can and should be dismissed at an early stage.”

Glaxo further maintains that only 68 of the cases currently pending in the litigation assert exclusive use of brand-name Zofran. “Many complaints contain allegations that are vague, ambiguous, or that otherwise make it impossible to know for certain which product(s) those Plaintiffs actually used,” the motion continued.

Glaxo’s motion was filed as the Zofran litigation convened its most recent status conference. Other matters addressed during the monthly conference included a discussion of Master Pleadings, as well as an update on Plaintiff Fact Sheet, Defendant Fact Sheet, and Protective Order of Confidentiality.

Learn More about Filing a Zofran Lawsuit

Bernstein Liebhard LLP is now investigating Zofran birth defect claims. If you suspect that your child was harmed by this drug, please call 877-779-1414 for a free consultation with one of our attorneys.

Published February 23, 2016 by