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Michael Monheit
Michael Monheit
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With MDL Set To Begin, Zofran Lawsuits Flood Boston Court


At least three major medical studies have identified an association between the off-label morning sickness drug Zofran and birth defects. In response, parents from across the nation have made the difficult, but to them necessary, decision to file lawsuits.

The growing number of families say GlaxoSmithKline promoted the drug illegally, and concealed decades of damning risk evidence.

In Massachusetts, Rising Zofran Lawsuit Transfers

Years and miles may separate these families, but many will soon have a chance to meet in Massachusetts, as their claims are slated to converge in Boston for all-important pretrial procedures.

Using a legal mechanism known as “Multi-District Litigation” (MDL), a panel of federal judges has opted to air many of the lawsuits’ common allegations in marathon evidence-gathering sessions. A diverse array of Plaintiffs’ attorneys will guide the course of litigation, deciding on legal arguments and advocating for the rights of families.

But prior to those crucial steps, more than 200 Zofran lawsuits have to make their way to Boston. While the majority were filed on the East Coast, many were originally brought as far afield as California and Idaho.

How Many New Zofran Lawsuits Are There Really?

The transfer process has led to some confusion, since Federal Courts log both transfers and new cases as “filings.”

According to records from the US District Court of Massachusetts, 30 Zofran birth defect lawsuits were filed on November 13, 2015 alone. As we’ve noted elsewhere, most of these apparently “new” legal claims aren’t actually being seen for the first time. In fact, all but five were previously filed in the US District Court for Alabama, Northern Division. The other lawsuits were transferred from Mississippi, California, Idaho, Washington and Illinois.

But no matter their original court, the claims are now part of Boston’s Zofran MDL. The pace of the transfer, however, which experts believe will soon involve hundreds of lawsuits, appears to be picking up.

According to a report released by the Judicial Panel on Multi-District Litigation, these recent additions bring the number of claims consolidated before Judge F. Dennis Saylor IV to 112. Around 100 other suits remain in their original courts for now.

Can Families Still File Zofran Lawsuits?

Yes, parents are still able to file Zofran claims of their own.

The attorneys at Monheit Law continue to offer free consultations on this important legal issue. If you or a loved one took Zofran during pregnancy and delivered a child with birth defects, call 1-877-621-4809 to speak with a lawyer today.


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