ZofranLegal.com reports on the consolidation of lawsuits filed against manufacturer GlaxoSmithKline alleging that the anti-nausea medication has caused congenital birth defects in the babies exposed to it while in utero. Nationally, lawsuits have been filed by mothers and families stating that the company’s “off-label” marketing of the medication to expectant mothers is causing significant defects in many babies.
The drug was approved by the United States Food and Drug Administration to treat patients experiencing severe bouts of nausea and vomiting after undergoing chemotherapy, radiation, or anesthesia. After this approval, however, manufacturer GlaxoSmithKline began marketing Zofran to pregnant women and Ob/Gyns as a treatment for nausea associated with morning sickness. This occurred despite the fact that the drug had never been approved or tested for safety on expectant mothers.
Currently, as lawsuits against GSK and Zofran continue to be filed, victims tell the story of their children, exposed to the drug in utero, and later allegedly born with a range of birth defects. Because many plaintiffs have alleged similar complaints, the United States Judicial Panel on Multidistrict Litigation has chosen to consolidate current and future lawsuits into MDL no. 2657. These cases are being overseen by United States District Court Judge Dennis F. Saylor in Massachusetts.
The multidistrict litigation is created with the intent to make legal proceedings run more efficiently and quickly, therefore saving both time and money for those involved. It also helps to avoid duplicate discovery, or different rulings from more than one judge.
Birth defects alleged in the suits include cleft lip, cleft palate, atrial septal defect, ventricular septal defect, transposition of the greater vessels, clubfoot, and kidney defects. A series of epidemiological studies from researchers across the world appear to support the plaintiff’s allegations, identifying that babies who are exposed to Zofran while in utero have 2-4 times the likelihood of developing these defects.
Exposure during the first trimester appears to be a commonality in the details of many of the suits. This is the time when women frequently experience nausea, and also the time when a fetus’ mouth, and heart tissue does much of its developing.
Plaintiffs involved in the MDL allege that manufacturer GlaxoSmithKline unlawfully marketed the drug to expectant women, when its FDA approval was for a completely different indication. They also allege that the company purposefully hid mounting evidence which linked the drug to birth defects for more than 2 decades.
In responding to the new allegations, GlaxoSmithKline requested a consolidation of all Zofran birth defect lawsuits, which the JPML granted. GSK requested that the venue for the MDL be located in Pennsylvania, where the company’s headquarters are housed, however this request was denied, and the chosen venue became Massachusetts.
As it is still possible for additional families to file claims against GSK, attorney Michael Monheit with Monheit Law is currently working to help individuals do so. Anyone who has used Zofran while pregnant and who has subsequently given birth to a child with defects may be entitled to compensation. Children born with defects may be entitled to compensation as well.
For additional information on this topic, or to ask questions, simply contact Michael Monheit, Esq. by calling 877-620-8411.
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Contact ZofranLegal.com:
Michael Monheit
1-877-620-8411
michael@monheit.com
1368 Barrowdale Road, Rydal, PA 19046
