Louisiana Mother’s Lawsuit Named In Zofran MDL 2657

Twelve lawsuits have been included in Schedule A of the Zofran MDL order, including one filed by a mother in Louisiana. Continue reading →

Nov 27, 2015 /prREACH/ -- A Louisiana mother is one of twelve plaintiffs that has been named in “Schedule A” of the Zofran MDL order. Her case, along with eleven others, will be transferred to the District of Massachusetts under the Honorable F. Dennis Saylor IV.

Her complaint which was originally filed on June 8th, 2015, in the U.S. District Court Western District of Louisiana under case number 6:15-cv-01815-RFD-PJH, alleges that the drug Zofran caused cardiac birth defects in her daughter.

The plaintiff was prescribed Zofran, an anti-emetic, to treat her severe morning sickness during the first trimester of her pregnancy. On July 15th, 2010, she gave birth to her daughter who was diagnosed with a ventricular septal defect, atrial septal defect, and intermittent tachypnea. The child required life-saving surgery to correct her defects and is expected to need ongoing medical care.

Her mother claims that had she known of the risks associated with taking Zofran during her pregnancy, she never would have ingested the drug.

There are many others who have also filed complaints against GlaxoSmithKline, the manufacturer of the drug. Each plaintiff claims that Zofran caused a birth defect in an unborn child, including clubfeet, respiratory distress disorder, cleft lip, cleft palate, cardiac defects, and kidney defects. Almost all of the children named in these cases have had to undergo at least one surgical procedure to fix their defect.

Zofran first entered the market in the early 90’s after being approved by the U.S. Food and Drug Administration. However, the approval only indicated that the drug was safe for use by patients who were experiencing nausea and vomiting after chemotherapy, radiation, or anesthesia. The approval did not extend to expectant mothers suffering from morning sickness. Nonetheless, GSK began to market the drug "off-label" as safe for both mothers and their unborn children. In nearly every lawsuit filed against them, the plaintiffs allege this marketing was "unlawful".

In October of 2015, both plaintiffs and GSK presented arguments before the U.S. Judicial Panel on Multidistrict Litigation, requesting that all Zofran lawsuits be consolidated into one MDL, so that the complaints could be tried by one judge in one court. Two weeks later, the panel announced that they agreed that consolidation was appropriate and formed MDL 2657.

A Plaintiffs’ Steering Committee (PSC) will be formed. This committee will assist all plaintiffs involved by taking depositions, writing briefs, and distributing necessary documents. Plaintiffs are happy that pre-trial proceedings will be moving forward and are anxiously awaiting the announcement of trial dates.