Judge Keeps Fraud Claims Against GSK Alive In Zofran MDL
Law360, New York (April 24, 2017, 5:35 PM EDT) -- A Massachusetts federal judge on Monday declined to nix fraud-based claims from multidistrict litigation alleging that GlaxoSmithKline PLC’s anti-nausea drug Zofran is linked to birth defects, saying that claims about the drug’s labeling are sufficiently specific to pass muster even though he found the suit's marketing-campaign allegations too broad.
According to U.S. District Judge F. Dennis Saylor IV, consumers say GSK knowingly misrepresented the safety of taking Zofran during pregnancy in its advertising and marketing campaigns, but they haven't provided a specific allegation — either in the master complaints or the individual ones — about any advertisements, brochures, presentations or the...
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