Zofran Lawsuit Plaintiffs May Have To Prove Use Of Brand Name Drug

GSK has submitted a request that all plaintiffs involved in MDL 2657 show proof they took the brand name drug Zofran, and not a generic version. Continue reading →

Mar 02, 2016 /prREACH/ -- Zofran lawsuit plaintiffs involved in MDL 2657 recently learned that the drug manufacturer GlaxoSmithKline filed a motion in the United States District Court for the District of Massachusetts under case 1:15-md-02657-FDS, requesting that the court order all plaintiffs to provide proof that they used the brand name Zofran and not the generic drug, ondansetron.

GSK has not commented on why they chose to file this motion, but some have speculated that if Judge Saylor approves the motion, the company will then request all cases where a plaintiff took the generic to be removed from the MDL. This would most likely lessen the number of complaints filed against the company, which now number more than 220.

These complaints all allege the same thing - that GSK unlawfully promoted Zofran as a safe treatment for morning sickness in a pregnant woman and as a result, a child was born with a birth defect. Nearly every child named in the ongoing litigation has required surgical intervention in order to correct the defect. In some cases, parents allege that their child died due to the defect that Zofran caused.

This isn’t the first motion that GSK has filed. In December of 2015, GSK attempted to have all Zofran lawsuits dismissed by claiming that the plaintiff's allegations regarding the company’s failure to warn patients of the risks involved more than one state law, and that the U.S. Food and Drug Administration would deny all requests for label changes to Zofran. Judge Saylor denied that motion but indicated that GSK may pursue the motion again in the future - after the plaintiffs have had the chance to develop their case.

That development is currently underway, with the discovery process of MDL 2657 beginning. Evidence will be gathered and all documents pertaining to the MDL will be distributed to each plaintiff by the Plaintiffs Steering Committee. No announcement has been made as to when trials will begin.