In re Zofran (Ondansetron) Prods. Liab. Litig.

This is a multi-district litigation ("MDL") proceeding arising out of product-liability claims that the use of the drug Zofran (ondansetron ) by pregnant women caused birth defects in their children. Defendant GlaxoSmithKline LLC ("GSK") has moved for summary judgment based on federal preemption-in substance, that state-law claims of failure to provide an adequate warning label are preempted by federal law. For the following reasons, the motion will be denied.

I. Introduction

Zofran is an anti-emetic-that is, a drug that prevents or treats nausea or vomiting. It was initially approved by the…