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IN RE ZOFRAN (ONDANSETRON) PRODUCTS LIAB. LITIG.

No. 21-1517.

57 F.4th 327 (2023)

IN RE: ZOFRAN (ONDANSETRON) PRODUCTS LIABILITY LITIGATION. Heather Perham, et al., Plaintiffs, Appellants, v. GlaxoSmithKline LLC, Defendant, Appellee, Sun Pharmaceutical Industries Ltd.; Sandoz, Inc.; Providence Health System; Novartis Pharmaceuticals Corp.; McKesson Corporation; Does 1 through 100, inclusive, Teva Pharmaceutical USA; GlaxoSmithKline Holdings (Americas) Inc., Defendants.

United States Court of Appeals, First Circuit.

January 9, 2023.

Attorney(s) appearing for the Case

Louis M. Bograd , with whom Motley Rice LLC was on brief, for appellants.

Lisa S. Blatt , with whom Amy Mason Saharia , J. Matthew Rice , Jami M. King , Williams & Connolly LLP, Scott A. Chesin , and Shook, Hardy & Bacon, were on brief, for appellee GlaxoSmithKline LLC.

Matthew W.H. Wessler , Joanne Grace Dela Peña , Gupta Wessler PLLC, Ellen Noble , and Public Justice on brief for amici curiae American Association for Justice and Public Justice.

Emily Ullman , Michael X. Imbroscio , Nicole Antoine , Paul W. Schmidt , and Covington & Burling LLP on brief for amicus curiae Pharmaceutical Research and Manufacturers of America.

Before Kayatta and Howard, Circuit Judges, and Walker, District Judge.

This appeal arises out of multidistrict litigation concerning the pharmaceutical drug ondansetron hydrochloride (better known by its brand name, Zofran), which is commonly taken off-label during pregnancy. Plaintiffs claim that GlaxoSmithKline (GSK), the company responsible for initially...

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