Drug maker GlaxoSmithKline have sought to keep some documents produced under the discovery phase now commencing in cases against the company’s drug, Zofran. What is unusual is that GSK is seeking unilateral right to redact information from documents in the name of protecting “trade secrets.”
While both sides in the case have agreed that some trade secrets should from the public, GSK is seeking the right to redact information that is “highly confidential” even from the documents that are produced for the plaintiffs to inspect for their case.
The request is not sitting well with Plaintiffs who don’t want the pharmaceutical company to have that right. In a motion filed on March 22, attorneys for the Plaintiffs argued that GSK shouldn’t be granted the right to redact, stating that GSK would be able to “unilaterally decide what non-privileged information is so ‘irrelevant’ or ‘highly confidential’ that GSK may withhold it from production to plaintiffs.” This would allow GSK the ability to censor any information which it could consider to be relevant to the case.
Plaintiffs deserve the right to get to the truth of the matter and editing of documents and argue that the standard protections should apply in the case with no need to give GSK exceptional rights to censoring information that may be key in the Plaintiff’s in the name of keeping :”trade secrets” confidential and out of the public eye.
Many women experience the symptoms of morning sickness during their pregnancy. For some women, morning sickness can be severe and their doctors prescribe the drug Zofran to help alleviate their discomfort. The FDA ordered GlaxoSmithKline to stop promoting the use of Zofran to treat morning sickness, citing studies that directly linked the use of the drug with birth defects developed in utero in babies born of women who took the drug.
If you took Zofran during pregnancy and your child was born with a birth defect, it’s a good idea to consult with an attorney who is experienced in product liability cases. You may want to join a class action lawsuit against GlaxoSmithKline, the makers of Zofran, or you may choose to file a separate personal injury claim against the manufacturer. Call the law offices of John Foy & Associates at 404-800-4635.