Zofran, an anti-nausea drug that may have been misprescribed to treat pregnant women, can cause severe and debilitating birth defects. Children exposed to Zofran can suffer from heart problems, cleft lips/palates and craniosynostosis.
Mothers who took Zofran while pregnant have been seeking justice against the manufacturer, claiming that the drug was illegally marketed to pregnant women for off-label use.
Last month, these lawsuits were combined into a multi-district litigation (MDL) that will be examined in Boston. It seems that families injured by Zofran may finally get justice.
Centralizing Zofran Cases In A Multi-District Litigation
In an MDL, all federal civil cases with similar claims will be transferred to one court. Zofran suits will be consolidated in a District Court of Massachusetts. The multi-district litigation suit has been given the number MDL No. 2657.
The Boston team will prepare the steps to take the cases to trial, with Judge F. Dennis Saylor collectively examining the evidence. He will be managing the often costly pretrial and discovery process.
“Judge Saylor is an experienced transferee judge who we are confident will steer this litigation on a prudent course,” according to the court transfer order.
The court will be addressing the claim that Zofran causes birth defects and the kinds of defects it causes. The case will also focus on the role of the manufacturer GlaxoSmithKline in promoting the drug as a morning sickness treatment, additionally questioning if the company should have included warnings about birth defects.
Although witnesses will only have to testify once, an MDL is different from a class-action suit. The cases will remain individual in nature, and each family will be treated as a separate entity.
There was debate as to where the MDL would be conducted. The state Massachusetts was chosen to “serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation,” according to the court transfer order.
More information about the decision to consolidate can be found in the transfer order published on October 13, 2015.
Benefits Of A Consolidated Process
The Zofran multi-district litigation is meant to save time and money. Overall, it will make the process more effective and economical by conserving judicial resources and creating consistency in pretrial rulings.
“Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel, and the judiciary,” according to the transfer order.
While plaintiffs who have already filed a lawsuit against GlaxoSmithKline await the decision, families injured by Zofran can still take action and file a suit.
If you took Zofran while pregnant and your child was born with birth defects, you might be entitled to compensation for this medical side effect.
Complete a free, no obligation case evaluation now to see if you qualify.
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