Pharmaceutical giant GlaxoSmithKline (GSK) currently faces several hundred lawsuits over its anti-nausea medication Zofran, but the company isn’t taking the allegations lying down. Last month, the company filed several motions in the multidistrict litigation.
The first motion asked a federal judge to dismiss 27 Zofran lawsuits in which the plaintiffs used generic versions of Zofran. In a second motion, the company asked for fraud allegations to be removed from all lawsuits. Plaintiffs in the litigation felt these motions were “sweeping” and “inappropriate.” In response to the motions, plaintiffs stated they believe the company is simply trying to derail the litigation before factual discovery can begin.
This isn’t the first time GSK clashed with plaintiffs in the Zofran litigation. Earlier this year, plaintiffs were outraged by GSK’s proposal for sequenced discovery. Plaintiffs believe GSK’s discovery plan tried to circumvent the company’s alleged illegal marketing activities.
The Zofran litigation may be slow moving, but its plaintiffs have made it clear they are in it for the long run. Plaintiffs are particularly eager for a jury to hear about GSK’s 2012 deal with the U.S. Department of Justice. The company agreed to pay a massive $3 billion to the Department of Justice to resolve allegations it illegally marketed several drugs, including Zofran, for uses not approved by the FDA.
The company likely thought this deal would mark the end of its Zofran problems, but it was just the beginning. Since 2012, more than 300 families have filed Zofran lawsuits alleging the company failed to warn patients and doctors of the risks associated with the drug. Plaintiffs claim the drug caused birth defects, including cleft palate, cleft lip, and congenital heart defects, among others. The lawsuits are consolidated in a Boston court and no trial dates have been set to date.