Zofran MDL Bellwether Trial Canceled Due to Coronavirus
The trial, originally scheduled for May 4, comes in a case brought by the parents of Maia Rodriguez, alleging their daughter was born in 2004 with heart defects due to her mother's use of Zofran during pregnancy. The trial would have been the first in more than 450 lawsuits filed against GlaxoSmithKline.
March 19, 2020 at 05:09 PM
3 minute read
A federal judge overseeing the multidistrict litigation alleging anti-nausea Zofran caused birth defects has indefinitely canceled the first bellwether trial this week due to the coronavirus.
The trial, originally scheduled for May 4, comes in a case brought by the parents of Maia Rodriguez, alleging their daughter was born in 2004 with heart defects due to her mother's use of Zofran during pregnancy. The trial would have been the first in more than 450 lawsuits filed against GlaxoSmithKline.
Plaintiffs attorney Kimberly Barone Baden, of Motley Rice, did not respond to a request for comment. Baden is on a plaintiffs team that also includes Robert Jenner of Jenner Law in Baltimore; Tobias Millrood of Pogust Millrood in Conshohocken, Pennsylvania; Elizabeth Graham of Grant & Eisenhofer in Wilmington, Delaware; and James Gotz, a Boston partner at Hausfeld.
GlaxoSmithKline's attorneys, Jennifer Hill at Shook, Hardy & Bacon in Kansas City, Missouri, and Lisa Blatt of Washington, D.C.'s Williams & Connolly, did not respond to a request for comment. A GSK representative declined to comment.
On Tuesday, U.S. District Judge Dennis Saylor of the District of Massachusetts, in Boston, ordered the trial canceled, as well as an April 30 pretrial conference. He did not set a new date.
In 2012, GSK agreed to pay $3 billion to settle a Justice Department civil and criminal investigation involving its "off-label" marketing of pharmaceutical drugs including Zofran. The lawsuits allege that Zofran, which the U.S. Food and Drug Administration approved in 1991 for the treatment of nausea and vomiting related to chemotherapy and surgery, has resulted in heart defects, cleft lip and cleft palate in babies born to women who took the prescription medication. The cases, citing various clinical studies mostly on animals, allege that GSK failed to warn doctors of the side effects of the drug when used in women to treat morning sickness in the first trimester of pregnancy.
Last year, Saylor postponed the same trial, then scheduled for Sept. 16, following the U.S. Supreme Court's 2019 decision on federal preemption in Merck Sharp & Dohme v. Albrecht, which found the pharmaceutical manufacturer could not provide "clear evidence" that the U.S. Food and Drug Administration would have rejected a change to the warning labels on its osteoporosis drug Fosamax. The ruling also found that a judge, not a jury, should decide whether "clear evidence" existed.
Last month, plaintiffs attorneys brought a motion for sanctions to strike GSK's renewed preemption defense, following Merck, based on its "inexcusable and sanctionable discovery misconduct" in lobbying the FDA over a pending citizen petition. Saylor rejected that motion, which GSK called untrue "conspiracy theories."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFederal Judge Sends Novel Damages Question in Employment Dispute to State Court
5 minute readBank of America's Cash Sweep Program Attracts New Legal Fire in Class Action
3 minute readCounty Reps: Appeal Likely Following State Court's Sales Tax Ruling for Retail Marijuana
6 minute read'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
Law Firms Mentioned
Trending Stories
- 1Elon Musk Names Microsoft, Calif. AG to Amended OpenAI Suit
- 2Trump’s Plan to Purge Democracy
- 3Baltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
- 4X Joins Legal Attack on California's New Deepfakes Law
- 5Monsanto Wins Latest Philadelphia Roundup Trial
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250