GSK Zofran Birth Defect Plaintiffs Appeal Preemption Dismissal

Hundreds of families have appealed dismissal of their suits alleging GlaxoSmithKline LLC failed to warn that use of its anti-nausea drug Zofran during pregnancy could cause birth defects, according to a federal court filing.

Zofran was approved to treat nausea associated with chemotherapy. The plaintiffs allege the drug was illegally promoted to treat pregnancy-related sickness, an “off-label” use. They said Zofran caused heart defects and other problems in their children.

But their suits were thrown out in June, when the U.S. District Court for the District of Massachusetts said federal drug labeling law preempts the claims.

GSK met its burden ...