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GSK Says No Basis For Fraud Claims In Zofran MDL

Law360, Boston (January 26, 2017, 4:26 PM EST) -- GlaxoSmithKline plc asked a Massachusetts federal judge on Thursday to dismiss fraud-based claims from multidistrict litigation connecting the anti-nausea drug Zofran to birth defects, arguing that the master complaint is devoid of details about any alleged lies and obfuscations.

The master complaint doesn't give the who, what, when, where or why to get past Rule 9(b) dismissal and engages in a "fishing expedition" on fraud in marketing or labeling the drug, the company told U.S. District Judge F. Dennis Saylor IV.

"The rule demands that plaintiffs plead time, place and content of any false representation," Jennifer Stevenson of Shook Hardy &...

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Case Information

Case Title

Subscribers Only

Case Number

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Nature of Suit

Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability


Subscribers Only

Date Filed

October 13, 2015

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Government Agencies