More than 30 Zofran lawsuits have been filed by parents who allege that their children’s birth defects were caused by the popular anti-nausea medication. Each of the mothers was prescribed Zofran to treat morning sickness, and gave birth to infants with a variety of birth defects including cardiac complications, cleft lip, and cleft palate.

Attorney says hundreds more Zofran birth defects lawsuits are being prepared. Manufacturer GlaxoSmithKline has denied allegations of false advertising and negligence. The volume of cases appear to increase the likelihood of a Zofran multidistrict litigation (MDL), which would collect most Zofran lawsuits.

The point of consolidating similar lawsuits is to conserve legal resources, avoid conflicting rulings from different judges, and to avoid duplicating discovery.

A formal request for a Zofran MDL was presented in early August to  the U.S. Judicial Panel on Multidistrict Litigation. Plaintiffs requested the potential MDL be consolidated under either U.S. District Judge Cynthia Rufe or Judge Paul Diamond in Eastern Pennsylvania.

While the number of Zofran lawsuits is expected to increase over the next few months, some are divided on where the cases should be consolidated. Others suggest Massachusetts, Alabama, Ohio, Louisiana, California or Illinois. The next hearing on this matter is set to take place in New York, on Oct. 1.

Overview of Zofran Birth Defect Allegations

GlaxoSmithKline is accused of falsely marketing Zofran as a safe and effective treatment for morning sickness, despite no scientific evidence suggesting it for such a use. When Zofran was approved by the FDA in 1991, it was meant to treat to patients undergoing radiation and chemotherapy.

Zofran has not been approved to treat morning sickness. Despite this, Zofran is often prescribed for that.

After seeing its wide popularity to this subset of patients, GlaxoSmithKline allegedly started an aggressive advertising campaign. While it is not illegal for doctors to prescribe a drug for off-label purposes, it is illegal for a drug company to advertise it for such purposes.

GlaxoSmithKline is also accused of failing to warn of the potential risks for birth defects and other Zofran side effects.

GlaxoSmithKline stated that prescribing doctors should have a reasonable understanding of the risks and benefits of all the drugs they work with, and is therefore liable for potential birth defects.