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    Zofran Lawsuit Facts: Waiver Of Formal Service Of Process Ordered

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    The Honorable Judge F. Dennis Saylor IV has issued an order waiving formal service of process for GlaxoSmithKline.

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    On December 17th, 2015, the Honorable Judge F. Dennis Saylor IV issued an order under case number 1:15-md-02657-FDS (MDL 2657). This order concerns the waiver of formal service of process for GlaxoSmithKline in the ongoing Zofran litigation.

    The formal service of process refers to the method with which the parties involved in a lawsuit are supposed to formally deliver papers to other parties and the court. By waiving this process, GlaxoSmithKline is allowing new plaintiffs to file Zofran lawsuits against them without serving notice of the complaint to the company.

    Per the order, counsel for the plaintiffs may email [email protected] with the request to waive the formal service of process, along with a copy of the complaint, and the correct paperwork.

    With more than 200 Zofran birth defect lawsuits pending, and many more expected to be filed, it comes as no surprise that Judge Saylor issued this order. The MDL process is designed to speed up litigation and save all parties involved money, and since the Judicial Panel on Multidistrict Litigation published the order for MDL 2657, Judge Saylor has worked hard to expedite the process.

    GlaxoSmithKline was first named as the defendant in a lawsuit alleging that Zofran caused a birth defect in an unborn child in 2014. Since then, parents throughout the country have filed complaints alleging that the drug caused a defect such as an atrial septal defect, transposition of the greater vessels, ventricular septal defect, cleft lip, cleft palate, and respiratory distress syndrome. The majority of the children named in these suits have had to undergo multiple surgical procedures.

    Plaintiffs also allege that the company unlawfully promoted the use of Zofran as a treatment for morning sickness, a condition commonly experienced by expectant mothers during their first trimester. GSK did gain approval for the drug as a treatment for nausea from the U.S. Food and Drug Administration, but only in patients experiencing symptoms after anesthesia, chemotherapy, and radiation. The company never performed clinical trials in humans to determine if the drug was in fact safe for pregnant women and their children.

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    Michael Monheit



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