Zofran Birth Defect Lawsuit Could be Heading to MDL, Bernstein Liebhard LLP Reports

Jul 08, 2015, 11:11 ET from Bernstein Liebhard LLP

NEW YORK, July 8, 2015 /PRNewswire/ -- GlaxoSmithKline has petitioned the U.S. Judicial Panel on Multidistrict Litigation (JPML) for the establishment of a multidistrict litigation for all federally-filed Zofran lawsuits (http://www.zofranlawsuit2015.com/) involving the medication's alleged association with birth defects. According to a Motion for Transfer filed with the Panel on July 6th, a compelling need exists to consolidate the cases before a single judge, as those currently pending in federal courts around the U.S. are based on numerous complex and common questions of fact. The drug maker also asserted that additional Zofran birth defects cases will be filed in the near future. (In Re Zofran Products Liability Litigation)

"Since our Firm began investigating the alleged link between Zofran and birth defects, we've received a large number of inquiries from families who believe their children were harmed by this medication. As such, we anxiously await the JPML's decision on this petition," says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently evaluating potential Zofran cases on behalf of families whose child was allegedly born with a serious birth defect due to pre-natal exposure to this medication.

Zofran and Birth Defects

Zofran is an anti-nausea medication approved to treat post-operative surgery patients, as well as those undergoing certain cancer treatments. The medication is currently not approved for use in pregnant women, and the U.S. Food & Drug Administration classifies the medication in Pregnancy Category B, which indicates that Zofran's effects on a developing pregnancy have not been well studied. In 2012, GlaxoSmithKline agreed to pay $3 billion to resolve illegal marketing charges with the U.S. Department of Justice that involved a number of its medications. Among other things, the company had been accused of promoting Zofran as an off-label treatment for pregnancy-related nausea and vomiting.

Court documents indicate that 12 Zofran lawsuits are currently pending in 10 federal jurisdictions, all of which accuse Glaxo of concealing the drug's association with serious birth defects, and failing to provide doctors and patients with information regarding this risk. Plaintiffs also claim that the company improperly marketed the drug as a safe and effective treatment for morning sickness without FDA approval.

In its Motion for Transfer, Glaxo requests that the federal Zofran litigation be transferred to the U.S. District Court, Eastern District of Pennsylvania, as its headquarters are located in that jurisdiction. Transfer of the federal Zofran docket to single court would allow the cases to undergo coordinated pre-trial proceedings, including discovery and motions practice. Multidistrict litigations are intended to improve judicial efficiency through  the avoidance of duplicative discovery and inconsistent court rulings, and to preserve the resources of the court, parties and witnesses.

Children who allegedly suffered serious birth defects due to their mother's use of Zofran during the first trimester of pregnancy may be entitled to compensation from GlaxoSmithKline. To find out more about available legal options, please visit Bernstein Liebhard LLP's website, or call the Firm directly at (888) 340-4807.

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm was named by The National Law Journal to the Plaintiffs' Hot List, recognizing the top plaintiffs firms in the country, for 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list for a dozen consecutive years.

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Contact Information:
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP
info (at)consumerinjurylawyers(dot)com

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