Zofran MDL for Birth Defect Lawsuits Established

Austin Kirk

By Austin Kirk
Posted October 14, 2015


With a growing number of Zofran birth defect lawsuits continuing to be filed by families throughout the U.S., each raising similar allegations that GlaxoSmithKline failed to adequately warn about the risks associated with using the medication during pregnancy, the litigation has been consolidated in the federal court system.

Following oral arguments presented at hearing in New York City on October 1, the U.S. Judicial Panel on Multidistrict Litigation (JPML) has established coordinated pretrial proceedings this week for all cases filed nationwide.

Lawsuits over the birth defect side effects of Zofran will be centralized before U.S. District Judge Dennis Saylor, IV, in the District of Massachusetts, as part of a federal multidistrict litigation, or MDL.

The Zofran lawyers at Saiontz & Kirk, P.A. represent families of children born with severe heart defects, cleft palate, cleft lip and other congenital birth malformations following exposure to the medication during pregnancy. The centralized management of the litigation will benefit all plaintiffs, reducing the need for duplicate discovery into common issues that will arise in many different cases and avoiding the risk of conflicting pretrial rulings from different judges.

Allegations Raised in Zofran Birth Defect MDL

Zofran MDL Lawyers

Zofran MDL Lawyers

The lawyers at Saiontz & Kirk are investigating potential Zofran lawsuits for families of children born with a birth defect or malformation following exposure to this drug.


All complaints involved in the Zofran MDL will involve nearly identical allegations, claiming that the drug maker placed their desire for profits before the safety of children by promoting their anti-nausea drug for morning sickness treatment, even though Zofran is not safe for pregnant women.

The claims involve common questions of fact and law, particularly involving what the drug maker knew about the link between Zofran and birth defects and whether pregnancy warnings should have been added to the anti-nausea drug. However, each claim will also involve individualized injuries and circumstances that will vary for each child injured.

Now that the Zofran litigation is centralized as part of an MDL, Judge Saylor will establish coordinated proceedings for discovery and depositions regarding common issues in the cases.

In addition, a small group of “bellwether” cases will likely be selected to go through case-specific discovery in preparation for early trial dates that may help gauge how juries will respond to certain evidence and testimony that may be repeated throughout the MDL.

While the outcomes of these early trials are not binding on claims within the class, they may influence eventual negotiations to reach Zofran birth defect settlements.

As the organization of the Zofran MDL gets underway, Saiontz & Kirk, P.A. is continuing to provide free consultations and claim evaluations for families of children who have suffered:

  • Cleft Lip or Cleft Palate
  • Congenital Heart Defect
  • Wrongful Death

Request a free consultation and case evaluation if you believe your child may have suffered an injury following exposure to Zofran during pregnancy.


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