The federal litigation overseeing hundreds of Zofran lawsuits convened its most recent Status Conference on July 21st. Among other things, the Court was scheduled to hear oral arguments regarding GlaxoSmithKline’s Motion for Sequenced Discovery.

According to documents pending in the U.S. District Court, District of Massachusetts, Glaxo filed its motion in June, requesting that discovery initially focus on questions of causation and federal preemption. However, Zofran plaintiffs are opposed to this plan, arguing in their rebuttal that it would take questions of liability off the table and circumvent an investigation into important questions related to Glaxo’s alleged negligence.

“GSK proposes a […] discovery plan where scientific causation must be established,” plaintiffs write, “before any of the sordid evidence of GSK’s liability for its overpromotion of a dangerous drug for an unapproved use to doctors and pregnant women can be discovered.”

Their rebuttal also points out that most other multidistrict litigations have proceeded far differently, with courts overwhelmingly adopting an “ordinary pattern of developing […] evidence necessary for both sides to prove the elements of their case.”  The type of discovery sought by plaintiffs would allow questions of causation and liability to be probed at the same time, giving neither greater weight over the other.

270 Zofran Lawsuits Now Pending

Court documents indicate that more than 270 Zofran lawsuits have been filed in the District of Massachusetts on behalf of children who were allegedly born with birth defects due to pre-natal exposure to the drug. While the medication has never been approved to treat nausea and vomiting related to pregnancy, it has long been prescribed off-label for this purpose.

Plaintiffs involved in the litigation claim that GlaxoSmithKline concealed evidence linking Zofran to birth defects, and failed to provide doctors and patients with adequate warnings about this risk. They also accuse the company of aggressively promoting the use of Zofran in expectant mothers, and point out that Glaxo resolved similar off-label marketing charges over the medication when it entered into a $3 billion drug marketing settlement with the federal government in 2012.

Bernstein Liebhard LLP continues to offer free legal reviews to those interested in filing a Zofran lawsuit for birth defects. To learn more, please call 877-779-1414 today.

Published July 25, 2016 by