Zofran MDL Judge Refuses to Dismiss Fraud-Based Claims as to Drug Labeling

BOSTON — The Massachusetts federal judge overseeing the Zofran multidistrict litigation has refused to dismiss claims accusing GlaxoSmithKline of making misrepresentations in the anti-nausea drug’s labeling concerning the risk of birth defects, finding they were pled with the requisite particularity.

In an April 24 order, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts said the plaintiffs adequately pleaded the content, time, and place of the allegedly false representations made in Zofran’s product labeling.

However, the judge dismissed the fraud-based claims to the extent they were premised on misrepresentations made in marketing materials and …