More than 60 Zofran lawsuits, filed by parents across the nation, are being transferred to Massachusetts into a multidistrict litigation, known as MDL No. 2657. This gives many parents hope in getting their lawsuits resolved.
Each Zofran lawsuit filed in Federal court will be sent to Boston’s District Court of Massachusetts, the first part of a series of steps to consolidate and eventually resolve the Zofran lawsuits, under the leadership of Judge F. Dennis Saylor. However, even though the cases are consolidated, the Zofran lawsuits are still being treated as individual reviews. Yet each case has numerous things in common, including Zofran causing birth defects after being prescribed to the plaintiff, and the failure of GlaxoSmithKline (GSK), the manufacturer of Zofran, to warn them of the potential dangers of the medication.
Each plaintiff and their Zofran lawyers will be allowed to gather and share case information with each other, and in turn, the judge will hand down pretrial rulings to each individual claim.
Reasons for Consolidating Zofran Lawsuits
According to the panel’s Order, there were numerous reasons to consolidate Zofran lawsuits, including:
- Eliminating many duplicate discoveries: Most attorneys in the individual cases have requested the same documentation from GSK, and consolidating the same information would be much more efficient.
- Removing additional judges: By consolidating cases under one judge, it eliminates judges making different decisions on similar case details.
- Consolidation lowers costs and saves time, which will ultimately help the plaintiffs resolve their cases much faster.
Reasons for Choosing Boston for Zofran Cases
Although the first choice for the case condolisations was Pennsylvania, where GSK is headquartered, since there were hardly any cases at all filed in Pennsylvania, the plaintiffs voted against it. Boston was then chosen for numerous reasons including:
- It’s a better meeting spot for the plaintiffs
- The investigation into GSK’s practices, initiated by the Justice Department, originally began in Boston
- Four of the five Zofran cases filed in Boston were already assigned to the judge who will oversee all of the cases
Does This Affect Future Zofran Cases?
The consolidated cases in no way affect other people from filing their own Zofran lawsuit. If you were prescribed Zofran while pregnant and your baby was born with birth defects, or if you were forced to terminate your pregnancy due to Zofran side effects on your unborn child, you have the legal right to file a Zofran lawsuit against the responsible party. GSK has a history of falsely representing their medications, and no family should be made to pay for the company’s mistakes and negligence.
So far, there have been numerous studies that indicate that taking Zofran while pregnant leads to a heightened risk of developing the following birth defects and illnesses:
- Cleft lip and cleft palate
- Heart abnormalities
- Musculoskeletal defects
- Fetal growth restriction
- Kidney defects
- Hearing and vision problems
- Infant seizures
- Cerebral palsy
Medical expenses alone for the aforementioned birth defects are usually more than the average family can afford. Consult with an experienced Zofran lawyer who can assist you in obtaining compensation, not only for medical bills, but for lost wages, pain, suffering, and more.