Zofran MDL Judge Says GSK’s Preemption Arguments Are Not Ripe, Denies Motion to Dismiss

BOSTON — The judge overseeing the federal Zofran (ondansetron) docket has denied GlaxoSmithKline’s motion to dismiss all claims, ruling that the record needs to be further developed before the drug maker’s preemption arguments can be considered.

On Jan. 22, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts concluded that the issues presented in GSK’s motion to dismiss are not ripe for decision on the present record and at this early stage of the litigation.

GSK manufactures Zofran, which was first approved in 1991 for the prevention of post-operative nausea and vomiting associated with …