Disability News

Zofran Lawsuits to Possibly Consolidate as Cases Continue to Increase


With the sheer amount of Zofran lawsuits that continue to add up, the St. Louis, Missouri Judicial Panel on Multidistrict Litigation will start hearing arguments next month on consolidating the pending cases.

The defendant, GlaxoSmithKline, the makers of Zofran, recently filed a motion in an attempt to transfer all of the pending Zofran lawsuits to the United District Court in the Eastern District of Pennsylvania. GSK hopes to consolidate at least 12 pending cases from all across the United States, filed by plaintiffs from Alabama, Arkansas, Louisiana, Massachusetts, Montana, New Jersey, Ohio, and Texas.

A Zofran attorney who represents some of the plaintiffs indicated recently that each case is unique and all cases are serious issues, but it will ultimately be up to the courts to decide if the lawsuits are consolidated.

"As the number of Zofran lawsuits alleging birth defects filed around the nation has grown, plaintiffs have apparently caught the attention of GlaxoSmithKline officials. When GSK filed to consolidate Zofran lawsuits, there were already a dozen actions filed on behalf of numerous plaintiffs around the nation. These claims are extremely serious, each alleging that a developing fetus was harmed by the effects of Zofran, causing birth defects that include congenital heart defects and physical deformities. The decision on whether to consolidate of course lies with the Judicial Panel on Multidistrict Litigation, but we do anticipate that the MDL will move forward.”

Both sides (plaintiffs and defendant) will present their arguments on October 1, 2015, in New York, New York. According to court documents, both sides will be allotted 20 minutes to argue their viewpoints on the issue.

The Zofran lawsuits filed against GSK are from parents across the nation who either have a baby born with birth defects or mothers who had to terminate their pregnancy due to life-threatening birth defects found during prenatal screenings.

The plaintiffs allege that it was Zofran that caused the birth defects. Zofran is a popular anti-nausea drug approved for use only by those undergoing surgery or cancer patients undergoing treatments that result in nausea and vomiting. GSK, however, began pushing the medication for morning sickness after the company saw an open market in pregnant women.

Consequently, there are now a myriad of women who took Zofran during pregnancy who gave birth to babies with  birth defects, including heart abnormalities, abdominal problems, cleft lip and cleft palate, and more. Other women, as mentioned earlier, were forced to end their pregnancy after learning their babies developed severe defects.

Numerous studies performed by renowned physicians and scientists indicate that infants are at a heightened risk for developing certain birth defects when exposed to Zofran. Yet GSK still continues to market the drug for morning sickness, even reportedly offering kickbacks to physicians who prescribe the medication to pregnant women.

In addition, GSK allegedly failed to perform in-depth studies on Zofran and pregnancy before marketing it to pregnant women. To date, the only confirmed study that GSK performed were on animals.

Keep in mind that if you took Zofran while pregnant and your baby developed birth defects, you have the legal right to file for damages against the responsible party. Depending upon the birth defect, medical costs can get quite expensive, and in many cases, will last for a lifetime. These expenses are generally more than the average family can afford. With a successful Zofran lawsuit, you may be entitled to compensation for costly medical expenses, pain, suffering, lost wages, and much more.