Glaxo Says FDA Call About Zofran Suits Not 'Covert Lobbying'

Law360 (February 19, 2020, 3:58 PM EST) -- GlaxoSmithKline attorneys have told a Massachusetts federal judge that a 30-minute phone call with the U.S. Food and Drug Administration about multidistrict litigation alleging its anti-nausea medication Zofran causes birth defects wasn’t “covert lobbying” and doesn’t warrant sanctions.

The attorneys at Shook Hardy & Bacon LLP and Williams & Connolly LLP urged a federal judge Tuesday to deny the opposing counsel’s motion for sanctions, saying they should mind their own business about a November call regarding whether the pharmaceutical company is exempt from tort claims related to its FDA-regulated product.

“There is nothing improper about FDA’s lawyers listening to a regulated...

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