Bloomberg Law
Jan. 9, 2023, 9:38 PM

GSK Zofran Birth Injury Lawsuits Preempted by Federal Law

Julie Steinberg
Julie Steinberg

GlaxoSmithKline LLC defeated appeals by hundreds of families alleging the anti-nausea drug Zofran caused their children’s birth defects, as the First Circuit affirmed Monday that federal law preempts their lawsuits.

Zofran was approved to treat nausea associated with chemotherapy. The families allege the drug was wrongfully promoted to treat pregnancy-related sickness, an unapproved use. They link Zofran to heart defects and other problems in their children and say GSK didn’t adequately warn that animal studies showed harm to the fetus when the drug was ingested during pregnancy.

Their suits were thrown out last June, when the U.S. District Court for ...