Both plaintiffs and defendants in the Zofran birth defects lawsuits agree that these similar lawsuits need to be consolidated, but disagree about where.

GlaxoSmithKline  requested that a multidistrict litigation (MDL) be established for all Zofran birth defect lawsuits, and plaintiffs agreed. However, the plaintiffs argue that these lawsuits should not be centralized in Eastern Pennsylvania, where the defendants want the cases heard, because that district is already overwhelmed with other cases.

Zoloft and Effexor cases are already being heard there. The plaintiffs argued that not only would it be inappropriate to centralize these Zofran lawsuits in this district, but that their lawsuits would take even longer to process due to the litigation backup.

The plaintiffs also point out that one of the judges requested by GlaxoSmithKline is busy with other lawsuits and is presiding over three other multidistrict litigations.

Some plaintiffs asked that the Zofran lawsuits be consolidated in Massachusetts, where some Zofran cases have gone forward with false advertising charges against GlaxoSmithKline. Another plaintiff asked that these cases be centralized in the Northern District of Alabama, which is also surrounded by Zofran lawsuits and is geographically convenient.

Overview of Zofran Birth Defects Litigation

There are at least 33 Zofran lawsuits filed throughout the federal court system by families who allege that the medication caused their infants to be born with birth defects. Zofran is a popular anti-nausea medication that is prescribed to chemotherapy and radiation therapy.

After its FDA approval, Zofran was not tested or approved to treat morning sickness. Morning sickness is commonly experienced by women at early stages of pregnancies due to the sudden hormonal imbalance. Many women are given anti-nausea medications to relieve this side effect, including Zofran.

Many women who used Zofran during pregnancy reported that their infants were born with birth defects.  Studies have found a correlation between birth defects and Zofran.

GlaxoSmithKline has been accused of deliberately concealing knowledge of the risks. Legal experts predict the number of Zofran birth defect lawsuits will continue to rise.

The U.S. Judicial Panel on Multidistrict Litigation is expected to schedule oral arguments in the matter of a Zofran MDL at a hearing on Oct. 1 in New York City.