Analysis

GSK Gets Top Court Assist In MDL Victory 'Roadmap'

Law360 (June 18, 2021, 3:45 PM EDT) -- A sweeping order ending more than 400 cases alleging GlaxoSmithKline's anti-nausea medication Zofran causes birth defects provides a "roadmap" for fending off multidistrict litigation with the help of a landmark U.S. Supreme Court ruling, experts say.

The June 1 ruling by U.S. District Judge F. Dennis Saylor IV granted GSK summary judgment and stopped the MDL in its tracks just months ahead of what would have been the first bellwether trial. Judge Saylor found the U.S. Food and Drug Administration had rejected a warning label for birth defects on Zofran, and that all the suits were therefore preempted under federal law....

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