Earlier this month, 12 Zofran birth defect lawsuits filed against drugmaker GlaxoSmithKline (GSK) were consolidated into a multidistrict litigation (MDL) in a U.S. District Court in Massachusetts.

These Zofran lawsuits all claim that the anti-nausea medication typically reserved for patients undergoing chemotherapy or post-surgery, was deliberately marketed off label to pregnant women and caused their babies to be born with severe birth defects.

Zofran Birth Defects Multidistrict Litigation

When there are a large number of lawsuits against a single entity, and the allegations within the lawsuits are very similar, the U.S. Judicial Panel on Multidistrict Litigation (JPML) may decide to consolidate the cases under one judge in one court.

Having lawsuits go forth in an MDL saves time and resources, as all pretrial discovery takes place at one location. Once the trials are ready to begin, a representative group of cases, called bellwether trials, are heard, and these trials give an idea on the suspected outcome of the future cases. With an MDL, rulings and outcomes are more consistent across cases.

It is estimated that across the country there are at least 42 more federal cases against GSK involving Zofran birth defects allegations that have been filed in 22 district courts. These Zofran lawsuits will be included in the transfer to the U.S. District Court in Massachusetts under Judge F. Dennis Saylor for pretrial proceedings.

Judge Saylor already had five of the pending cases in his court, including the first case against GSK alleging Zofran birth defects filed by Tomisha L. in February. GlaxoSmithKline hoped the MDL would have taken place in the Pennsylvania U.S. District Court, but the JPML said that Judge Saylor had experience in having cases transferred to him.

Additionally, the panel said that Boston was more centrally accessible to the involved parties for the proceedings.

The complaints in the Zofran MDL allege that GSK targeted pregnant women in an aggressive marketing campaign, informing them that Zofran was an effective drug for morning sickness. Meanwhile, GSK had never undertaken any studies to prove that taking the anti-nausea drug Zofran during pregnancy was safe for pregnant women and their babies.

Zofran Lawsuit Information

To date, more than 200 reports of adverse events have been made to GSK regarding Zofran, but the warning label has not been reflected to update these concerns, according to the Zofran lawsuits.

The birth defects reported by plaintiffs with their alleged link to prenatal Zofran use include heart defects, mouth deformities (including cleft palate and cleft lip) and musculoskeletal defects.

In 2012, GSK settled a federal, civil false claim lawsuit alleging GSK had promoted Zofran for the treatment of morning sickness in pregnant women despite being approved only for post-operative nausea, and that GSK had paid doctors kickbacks for prescribing Zofran. In 2012, GSK settled that lawsuit along with three similar lawsuits regarding other GSK products for $1.043 billion.

If you have taken Zofran during pregnancy and have had a baby born with birth defects, you may be entitled to legal compensation.

The Zofran Birth Defects MDL is In Re: Zofran (Ondansetron) Products Liability Litigation, MDL No. 2657 in the U.S. District Court for the District of Massachusetts.