GlaxoSmithKline (GSK), the manufacturer of the anti-nausea medication known as Zofran (or Ondansetron), filed a motion to consolidate all Zofran birth defect lawsuits pursuant to Multidistrict Litigation (MDL) on July 6, 2015.
The motion to consolidate the Zofran pregnancy lawsuits was filed before the U.S. Judicial Panel on Multidistrict Litigation and it related to twelve federal actions that are currently pending in ten separate judicial districts across the country. In these twelve separate lawsuits, parents have alleged that intrauterine exposure to Zofran has led to the development of various birth defects in their children.
In anticipation of other lawsuits to be filed for the same general complaints, GSK requested that all current and future Zofran pregnancy lawsuits be consolidated before a single judge to ensure consistency and uniformity.
The filing of this motion to consolidate is somewhat common practice in cases involving mass torts that involve similar allegations and issues, particularly when a large number of lawsuits are predicted to be filed.
Zofran Pregnancy Lawsuits: Background
Zofran is an antiemetic or an anti-nausea medication that has been prescribed off-label to pregnant women to curb the effects of morning sickness. The medication was originally granted FDA approval for use by cancer patients undergoing chemotherapy and/or radiation, as well as to treat nausea in patients post-surgery. The drug was not approved, however, for use as a morning sickness prescriptive drug. Due to the lack of testing and reports indicating that it is safe for use in pregnant women, GSK’s advertising of Zofran as an effective morning sickness drug is considered off-label advertising.
There have been numerous complaints nationwide by mothers who took Zofran during pregnancy.
Some of the birth defects commonly associated with Zofran use during pregnancy include cleft lip and palate, heart defects, muscoskeletal defects, and some brain defects or deformities.
Steps to Take if You Have Zofran Pregnancy Concerns
Law firms throughout the country are currently reviewing Zofran pregnancy lawsuits. If you took Zofran during your pregnancy and you believe that your child is suffering from a birth defect or deformity, contact an experienced Zofran attorney today to discuss your legal rights.