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Five Zofran lawsuits have been allowed to proceed, despite GlaxoSmithKline’s efforts to have the cases dismissed.

Zofran Lawsuits Survive Dismissal Request

More than 350 Zofran lawsuits are now consolidated in the US District Court of Massachusetts. The Multi-District Litigation, in which families accuse GlaxoSmithKline of concealing a potential link between anti-nausea drug Zofran and child birth defects, is being presided over by Judge F. Dennis Saylor IV.

In September, GlaxoSmithKline argued that complaints involving five families should be thrown out for failing to comply with court-ordered discovery deadlines. In subsequent filings, the plaintiffs urged the court to deny GlaxoSmithKline’s request, saying they “required additional time to retrieve necessary medical records.” Their required discovery documents were soon filed, a fact that Judge Saylor noted in a court order issued on November 18, 2016:

“Because it appears that plaintiffs have submitted the required information, an order compelling production of discovery and / or the filing of short-form complaints is unnecessary. Furthermore, the relatively extreme sanction of dismissal is not appropriate under the circumstances.”

While their claims will be allowed to proceed, the five plaintiffs could still be on the hook for “sanctions,” Judge Saylor wrote. In his order, Judge Saylor indicated a possibility outlined in the Federal Rules of Civil Procedure, which would allow GlaxoSmithKline to demand compensation for certain attorney’s fees. GlaxoSmithKline has until December 9, 2016 to file a renewed motion for sanctions, if the company chooses to do so.

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