GlaxoSmithKline continues to petition for centralization of all federal Zofran birth defect lawsuits in Philadelphia court, arguing that the number of birth defects lawsuits concerning their anti-nausea drug is expected to continue growing. Furthermore, the pharmaceutical giant argues that the plaintiffs of these Zofran lawsuits have not proposed a better venue for the drug side effects litigation, making Philadelphia an obvious choice for centralization.

Back in July of this year, GSK filed a motion to the U.S. Judicial Panel on Multidistrict Litigation (JPML), requesting that all Zofran birth defects lawsuits filed in federal courts across the nation be centralized in the Eastern District of Pennsylvania. In this court district, the pharmaceutical company has requested that either U.S. District Judge Cynthia Rufe or U.S. District Judge Paul S. Diamond be allowed to preside over the centralized Zofran birth defects cases.

According to recent reports, there are at least 33 Zofran birth defects lawsuits pending in 20 federal district courts across the U.S., all of which have been filed by the families of children born with birth defects—such as heart defects, cleft palate, cleft lip or other congenital malformations—attributed to their in-utero exposure to Zofran. These birth defects lawsuits similarly allege that GSK failed to warn women consumers and the physicians about the risks associated with taking Zofran while pregnant.

In response to GSK’s motion to establish a Zofran multidistrict litigation (MDL), 19 plaintiffs have filed motions agreeing that these birth defect lawsuits should be centralized before a single judge for coordination of pretrial proceedings and discovery; however, these same plaintiffs oppose GSK’s preference for centralization in Pennsylvania federal court.

Not to be deterred by the plaintiffs’ opposing request, GSK filed a reply in early August with a continued push to centralize these Zofran birth defect cases before Judge Diamond or Judge Rufe, pointing out that the opposing plaintiffs have not made a compelling argument against the Philadelphia court venue and have not agreed on alternate court venue proposals.

In their motion for consolidation of these Zofran birth defects cases, GSK maintains that the most appropriate venue for the Zofran litigation is the Eastern District of Pennsylvania, as GlaxoSmithKline is headquartered in Pennsylvania and where many witnesses for the litigation are located.

However, the plaintiffs of these Zofran lawsuits claim that Philadelphia  federal court is already overloaded with lawsuits and that other venues such as Alabama, California, Illinois, Louisiana, Massachusetts, and Ohio federal court are more appropriate for this litigation.

On October 1, the U.S. JPML will hold a hearing session in New York City, at which time it is expected the panel will schedule oral arguments for this Zofran litigation.

Zofran Birth Defect Side Effects

According to certain studies, women who take Zofran while pregnant to combat nausea and morning sickness run the risk of giving birth to children with certain birth defects. A list of Zofran birth defects include:

• Cleft lip and cleft palate
• Heart defects
• Kidney defects
• Musculoskeletal defects
• Poor fetal growth
• Fetal death

Zofran lawsuits allege that GSK failed to warn women of these risks. As a result many women and families are now filing Zofran birth defects lawsuits, seeking compensation for the medical bills and other expenses related to their child’s Zofran-induced birth defects.