Judge Won’t Toss Birth Defect Claims In Zofran MDL
Law360, New York (January 22, 2016, 8:20 PM EST) -- A Massachusetts federal judge on Friday nixed GlaxoSmithKline PLC’s bid to dismiss all claims in multidistrict litigation alleging that the drug company’s “off-label” promotion of its anti-nausea drug Zofran for morning sickness led to birth defects, saying that the bid seems to be premature at best.
U.S. District Judge F. Dennis Saylor IV denied the pharmaceutical company’s motion to dismiss, saying that he was loath to dismiss claims without giving the families the chance to develop facts. GSK had argued that the families state law claims were preempted by federal law under the U.S. Supreme Court decision in Wyeth v. Levine....
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