The first Status Conference for the Zofran MDL was been scheduled for Nov. 17. In the status conference, members scheduled the date that the trial will begin.

Earlier in October, federally-filed lawsuits against GlaxoSmithKline for the anti-nausea drug Zofran were consolidated into a multidistrict litigation (MDL). The plaintiffs in the lawsuit allege that Zofran was not safe for pregnant mothers to take, and women who took the drug while pregnant had babies born with birth defects.

According to recent court documentation, there are already 15 Zofran lawsuits pending as part of the multidistrict litigation. There are potentially dozens more similar lawsuits across the country that may be added as tag-along actions, and they may be eligible to transfer to the U.S. District Court in Massachusetts where the other trials are being held.

Allegations of Zofran Birth Defects

In all of the current lawsuits in the MDL, the plaintiff allegations state that GlaxoSmithKline engaged in aggressive and improper marketing of Zofran to pregnant women, with no evidence of safety in that population. Zofran was approved to treat nausea and vomiting in the most severe circumstances, namely chemotherapy, radiation and post-surgery. The women claim that the drug was not FDA approved for use in pregnancy.

As a result of the manufacturer marketing the drug to treat pregnancy-related nausea and vomiting, plaintiffs allege that their doctors prescribed Zofran, so they took the drug. The same women claim they had babies born with birth defects; they attributed this to their prenatal ingestion of Zofran.

Types of Zofran Birth Defects

The Zofran birth defects that plaintiffs have reported have varied. The most common birth defects reported by moms include cleft lip and cleft palate, both physical abnormalities that occur when the baby’s mouth or lip do not form properly. Heart defects are also common, as are musculoskeletal defects. In general, these kinds of birth defects occur early on in a pregnancy. In these cases, they seem to happen when women take Zofran during their first trimester.

Zofran Lawsuit Information

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 took Zofran during pregnancy and had a baby born with birth defects, you may have a legal claim. A Zofran lawyer will review your case at no charge, and can assist you in determining your eligibility to file an individual lawsuit against GlaxoSmithKline or to join the MDL in progress.