ZofranLegal.com has commented on the pre-trial proceedings for the growing Zofran litigation.
The more than 60 plaintiffs who have filed a lawsuit against GlaxoSmithKline may find that pre-trial proceedings will move at a much faster pace, now that the U.S. Judicial Panel on MultiDistrict Litigation has agreed to consolidate Zofran lawsuits into MDL 2657.
Both the plaintiffs and defendant were in favor of the consolidation. The purpose of an MDL is to prevent duplicate discovery, prevent conflicting rulings, save both parties money, and expedite the entire litigation process. The panel determined that the centralization will take place in the District of Massachusetts, in a federal court in Boston, under Judge F. Dennis Saylor. This consolidation does not stop others from filing a Zofran birth defect lawsuit.
Zofran, an anti-nausea medication, has been used since 1991 to treat nausea by doctors throughout the country. However, the public and medical community were unaware that the U.S. Food and Drug Administration only approved the drug for treatment of nausea in patients undergoing chemotherapy and radiation treatments, or who were nauseous after anesthesia. The drug was never approved to be used as a treatment for morning sickness in expectant mothers.
GSK decided to market the drug as a safe treatment for pregnant women despite the lack of approval. They continued to do so even after the FDA sent them a warning letter in 1999, indicating that the marketing of the drug “off-label” was inappropriate and failed to warn consumers of possible adverse side-effects.
At this time, there are more than 30 lawsuits filed against GSK which allege that the drug caused birth defects in an unborn child. These birth defects include clubfoot, apnea, ventricular septal defect, atrial septal defect, transposition of the greater vessels, kidney defects, cleft lip, and cleft palate. In nearly every case, the child named in the complaint has had to undergo at least one operation, if not several, to correct their defect.
This is not the first lawsuit filed against GSK regarding the drug Zofran. In 2012, the company settled a lawsuit filed by the U.S. Department of Justice, who alleged that the marketing of the drug, as well as several other drugs manufactured by GSK, was “unlawful.” In their settlement agreement, GSK paid fines of 3 billion dollars.
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Contact ZofranLegal.com:
Michael Monheit
1-877-620-8411
michael@monheit.com
1368 Barrowdale Road, Rydal, PA 19046
