The U.S. Judicial Panel on Multidistrict Litigation has moved to consolidate a dozen federal Zofran birth defect lawsuits in the U.S. District Court for the District of Massachusetts. In its October 13 transfer order, the Panel explained the decision to centralize in Massachusetts. Zofran maker GlaxoSmithKline had originally petitioned for the litigation to be held in the Eastern District of Pennsylvania, where the company is headquartered.
Although only 12 cases were included in the transfer order, several dozen more pending Zofran lawsuits are expected to join the multidistrict litigation, as well as numerous future filings. Plaintiffs who have filed Zofran birth defect lawsuits allege that GlaxoSmithKline promoted its anti-nausea drug for use in pregnant women to treat morning sickness. This use is not approved by the U.S. Food and Drug Administration (FDA), and deliberate promotion of Zofran for an off-label use would violate federal drug regulations.
Women plaintiffs who took Zofran during pregnancy claim that the drug led their children to be born with birth defects such as cleft palate. Studies from as early as 2006 have linked Zofran to an increased risk of birth defects in children whose mothers took the drug during pregnancy.
Speak to your doctor about any health concerns you may have. The new Zofran multidistrict litigation is expected ultimately to include hundreds if not thousands of cases. If you or a loved one gave birth to a child with congenital defects, you should contact the Zofran attorneys at Lopez McHugh for a free consultation. We can help determine whether you may qualify for compensation in a Zofran birth defect lawsuit.