Zofran Birth Defects Lawsuits Move Forward, After Federal Court Rejects GlaxoSmithKline's Motion to Dismiss, Bernstein Liebhard LLP Reports

January 27, 2016 - More than 200 Zofran birth defects lawsuits (http://www.rxinjuryhelp.com/zofran/lawsuit/) now pending in a multidistrict litigation underway in the U.S. District Court, District of Massachusetts, have been allowed to proceed, after a federal court refused a Motion to Dismiss filed last month by GlaxoSmithKline. Among other things, the company had argued that plaintiffs' state failure-to-warn claims were preempted by federal law, maintaining that clear evidence indicates that federal regulators would have rejected any warning label update pertaining to birth defects. However, in an Order issued on January 22nd, the Court denied the motion without prejudice after finding that was not ripe for consideration at this early stage in the litigation. (In Re Zofran Products Liability Litigation – MDL 2657)

"Our Firm has been contacted by a number of families who claim that their child was harmed by pre-natal Zofran exposure during the first trimester of pregnancy. We are pleased that the Court rejected Glaxo's attempt to have the claims dismissed at such an early stage, and look forward to more progress in the federal litigation," says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently reviewing claims on behalf of families whose children were born with serious birth defects that may be related Zofran.

Zofran Birth Defects Allegations
Zofran is an anti-nausea medication that is currently approved to ease nausea and vomiting in surgery patients or those undergoing certain cancer treatments. The medication is not approved to treat pregnancy-related nausea and vomiting, but a 2014 analysis published in the American Journal of Obstetrics revealed that about 1 million U.S. women annually had been treated with Zofran or a generic equivalent for this indication.

Plaintiffs who have filed Zofran birth defects lawsuits claim that GlaxoSmithKline has aggressively and improperly promoted the drug for this off-label purpose. They also accuse the company of concealing evidence linking Zofran to birth defects, including a number of animal studies Glaxo conducted in Japan, one of which purportedly showed the same heart abnormality alleged in many of their complaints. Finally, the lawsuits charge that since 1992, Glaxo has received more than 200 reports of abnormalities occurring in children who were exposed to the medication during early pregnancy.

Children who allegedly suffered serious birth defects due to their mother's use of Zofran during the first trimester of pregnancy may be entitled to compensation from GlaxoSmithKline. To find out more about filing a Zofran lawsuit, please visit Bernstein Liebhard LLP's website, or call the Firm directly at 800-511-5092.

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3.5 billion on behalf of our clients. The Firm was named by The National Law Journal to the Plaintiffs' Hot List, recognizing the top plaintiffs firms in the country, for 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list for a dozen consecutive years.

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Contact Information:
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP
info (at)consumerinjurylawyers(dot)com
http://www.rxinjuryhelp.com/
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