GSK Gets 2nd Chance To Argue Preemption In Zofran MDL

Law360, Boston (July 10, 2019, 5:24 PM EDT) -- A Massachusetts federal judge on Wednesday said GlaxoSmithKline will get another chance to argue that claims its anti-nausea drug Zofran caused birth defects are federally preempted, adding he will seek guidance from the FDA after a landmark high court ruling put the preemption question in his hands.

In a hearing, U.S. District Judge F. Dennis Saylor IV said he had no choice but to delay the first bellwether trial in the multidistrict litigation consolidated in Massachusetts in 2015 and to vacate parts of his February ruling denying summary judgment for GSK.

About three months after Judge Saylor’s ruling, which would have...

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Massachusetts

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Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability

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Date Filed

October 13, 2015

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