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Michael Monheit
Michael Monheit
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Here’s What The Zofran Lawsuit MDL Looks Like Right Now


204. That’s how many Zofran lawsuits are currently consolidated in the US District Court for Massachusetts, according to public records available through the PACER database. Filed against the pharmaceutical conglomerate GlaxoSmithKline, each of the lawsuits says the anti-nausea drug Zofran causes birth defects.

Over 200 Lawsuits Strong, Zofran MDL Continues To Grow

While the litigation began more than 9 months ago and was closely followed from the start, recent months have seen a surge in public interest. In the coming weeks, every Zofran lawsuit will be transferred to Boston, and included in what’s been titled MDL 2657.

The legal community expects pre-trial proceedings to begin shortly. Some go so far as to say that the litigation has been “fast-tracked.” New court records obtained by Monheit Law support that characterization, showing an MDL moving at a fast clip and one devoted to finding a speedy resolution for both Plaintiffs and GlaxoSmithKline.

A Timeline Of The Zofran MDL: October 23 To November 23, 2015

Here’s the most accurate picture of the Zofran MDL to date:

  • Between July 28, 2015 and September 28,2015, three early cases filed in Boston are dismissed prior to the Judicial Panel on Multi-District Litigation’s decision to consolidate the Zofran lawsuits. Logged with the code “No Action Taken,” these claims were likely terminated.
  • On October 13, 2015, the JPML announces that all Zofran lawsuits will be consolidated in Boston as MDL 2657. The same day, two lawsuits already filed in the Boston court are quickly consolidated. A further 10 cases are transferred from their original courts to Massachusetts.
  • On October 14, 2015, three more lawsuits already filed in Massachusetts are included in the MDL and assigned to Judge F. Dennis Saylor IV, who will preside over the litigation.
  • On October 22, 2015, the JPML issues a Conditional Transfer Order (CTO), requesting that a lawsuit filed in Kentucky be moved to Boston. Plaintiffs’ attorneys oppose the order, and the claim is still listed as “CTO Opposed.”
  • On October 23, 2015, the JPML issues 39 Transfer Orders. 38 stand unopposed, and claims filed in Alabama, California, Delaware, Florida, Idaho, Illinois, Kentucky, Louisiana, Missouri, Mississippi, North Dakota, New Jersey, Ohio, Oregon, Tennessee and Texas are sent to Boston.

Only one of the transfer orders, for a lawsuit filed in Pennsylvania, is opposed.

Transfer Orders remain “conditional” for seven days. During this period, attorneys can oppose the transfer, and argue that their cases should stay in the original court. The Pennsylvania lawsuit is now listed as “CTO Vacated,” which means it likely terminated before the seven-day period ended.

  • On October 27, 2015, another CTO is opposed, this time by an attorney representing Plaintiffs in Oregon. The lawsuit remains in its original court.
  • On October 28, 2015, two lawsuits filed in Alabama, including one of the only claims to be filed in relation to a child’s club foot, are transferred to Massachusetts.
  • On November 2, 2015, 12 more cases are added to the MDL. Listed as “NTN” or “No Transfer Necessary,” these claims are likely new, lawsuits filed in the US District Court for Massachusetts after the Zofran litigation was consolidated.
  • On November 4, 2015, nine lawsuits originally filed in Alabama are consolidated in Boston.
  • On November 12, 2015, 36 more claims are transferred to Massachusetts. Most come from Alabama, although three were originally filed in Florida, Idaho and Washington.
  • On November 18, 2015, 39 lawsuits are consolidated in the MDL. Again, the vast majority have been transferred from Alabama, but claims filed in New Jersey and Pennsylvania are also represented.
  • On November 20, 2015, five lawsuits from Alabama, Kansas and California are transferred.
  •  On November 23, 2015, the date of this publication, another 42 lawsuits are registered as included in the MDL.

Has Time Run Out For Other Families?

No. Many parents may still be eligible to file Zofran lawsuits. If you or a loved one were prescribed Zofran and gave birth to child with congenital abnormalities, we urge you to contact our experienced attorneys for more information immediately.

You may be entitled to significant financial compensation. Call Monheit Law for a free consultation at 1-877-621-4809 today.

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