Tuesday, July 28, 2015 - Zofran lawsuits around the nation are paused in anticipation of a decision from the Judicial Panel on Multidistrict Litigation (JPML), according to court documents.* Attorneys handling Zofran lawsuits provide timely news updates and birth defects research at their website, the Zofran Birth Defects Lawsuit Center.
GlaxoSmithKline, the global pharmaceutical conglomerate and defendant in national Zofran lawsuits alleging birth defects from prenatal exposure to the drug, filed a motion on July 6, 2015, to transfer all Zofran lawsuits to U.S. District Court in the Eastern District of Pennsylvania, according to court documents. If the motion is approved, all Zofran lawsuits making birth defects allegations that have been filed against GSK may be transferred to the Pennsylvania court for coordinated pretrial proceedings, according to court documents. The United States District Judge presiding over this Zofran case, the Honorable James G. Carr Sr., ordered that further proceedings would be stayed pending the decision of the Judicial Panel on Multidistrict Litigation.
"Contrary to popular belief, Zofran lawsuits will not be a class action. Multidistrict litigation is not the same as class action. Class action is used for minor allegations; multidistrict litigation (MDL) is a means to expedite complex litigation that involves allegations of serious injury and wrongful death, as in the Zofran lawsuits which allege that Zofran resulted in birth defects for babies exposed to the drug during prenatal development. MDL permits the coordination of pretrial proceedings such as discovery, yet preserves the individual details of each case, enabling plaintiffs to receive individualized settlements," explained a representative of the Onder Law Firm. "We are currently representing plaintiffs in this case that has been stayed in order to await a decision from the JPML."
This and other Zofran lawsuit cases that have been filed around the country and are now under consideration for consolidation share common questions of fact, according to court documents. Each of the Zofran cases involves plaintiffs whose baby was born with one or more birth defects (including but not limited to congenital heart defects, cleft palate, and physical deformities) after the mother took Zofran during her pregnancy in order to relieve the symptoms of morning sickness, according to court documents. The Zofran lawsuits allege that exposure to the drug causes birth defects; plaintiffs say they were not warned of the alleged risk and would not have used the drug during pregnancy had they not been assured Zofran was safe for pregnancy, according to court documents. Prescribing Zofran to pregnant women is considered an off-label use by the FDA, as federal regulators have not approved Zofran use for pregnancy, according to court documents.
The Onder Law Firm is experienced in complex litigation filed as MDL, having represented clients in numerous other similar cases, including MDL 2545, Testosterone Replacement Therapy Product Liability Litigation** and MDL 2385, Pradaxa (Dabigatran Etexilate) Products Liability Litigation***.
The Onder Law Firm‘s Zofran attorneys offer confidential case evaluation at no charge for parents and families whose baby was born with a birth defect following prenatal exposure to Zofran. Persons who fit this description may contact a lawyer to discuss whether they have grounds for a Zofran lawsuit. The firm‘s Zofran lawyers believe persons who meet this description may be entitled to real compensation. For more information, visit the Zofran lawsuit website.
The Onder Law Firm welcomes Zofran case inquiries from law firms in regards to handling them or working as co-counsel.
About The Onder Law Firm
Onder, Shelton, O‘Leary & Peterson, LLC is a St. Louis based personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. The pharmaceutical and medical device litigators at The Onder Law Firm have represented thousands of Americans in lawsuits against multinational conglomerates from products liability for manufacture of defective or dangerous products to deceptive advertising practices. Other firms throughout the nation often seek its experience and expertise on complex litigation. It is also a recognized leader in products liability cases such as window blind cord strangulation. The Onder Law Firm offers information on Zofran lawsuits at ZofranBirthDefectLawsuitCenter.com.
*Case No. 3:15-cv-01166 Patrick D. Regan, et al. v. GlaxoSmithKline, LLC, U.S. District Court, Northern District of Ohio, Western Division
** U.S. District Court, Northern District of Illinois
***U.S. District Court, Southern District of Illinois