GSK Cannot Be Held Liable to Plaintiffs Who Ingested Generic Zofran, Mass. Federal Judge Rules

BOSTON — The judge overseeing the federal Zofran multidistrict litigation docket has dismissed the claims of plaintiffs who ingested only the drug’s generic equivalent, ruling that GlaxoSmithKline LLC, cannot be held liable on a negligent misrepresentation theory.

On May 21, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts predicted that the courts of the plaintiffs’ home states would decline to impose liability on brand-name manufacturers for harm caused by generic products.

Plaintiffs in the MDL are parents and guardians of children who were born with birth defects allegedly caused by prenatal exposure …