As another week draws to a close, we see another new complaint filed in the Zofran litigation. This time, the parents and natural guardians of a child from Illinois filed a lawsuit against the manufacturer of Zofran, GlaxoSmithKline, alleging that their child suffered a rare congenital heart defect because of the drug being ingested during the first trimester of pregnancy.
This new Zofran lawsuit is one of a string of recently filed lawsuits alleging that the drug caused atrial septal defect, ventricular septal defect, and cleft palate.
Zofran Lawsuits Surge Nationwide
To date, there have been approximately 19 lawsuits filed in the following states:
- Louisiana – 2 lawsuits
- New Jersey
- Massachusetts – 2 lawsuits
- California – 3 lawsuits
- Alabama – 3 lawsuits
- New York
This comes as the defendants moved to consolidate all federally filed lawsuits before one court and one judge under a mechanism known as an MDL. To read more on this motion, visit an earlier article I wrote on it here.
The Facts In This Case
The child in this case was referred to as B.B., and was born in 2006. The mother of B.B. took Zofran via an IV in the first trimester to alleviate morning sickness. B.B. was born with a life threatening congenital heart condition known as Tetralogy of Fallot. The complaint alleged that this condition will put the child at much greater risk of serious injury should the baby contract an infection and will result in developmental delays. The doctors of B.B. stated that the condition is permanent since it had not healed in 6 years, and could cause a major blockage in the heart should the tissue connecting the ventricular septal defect detach. The treatment that B.B. has received includes open heart surgery and multiple other procedures. Like all other parents filing these lawsuits, the complaint alleges that had they known the risks of Zofran, they would not have taken the drug, and would have avoided the injury to their child.
This lawsuit was filed on 7/21/15 under case number: 3:15-cv-787 in the United States District Court for the Southern District of Illinois.
What Happens Next?
At the moment, all federally filed lawsuits are stayed until a decision is made by the JPML on the motion to consolidate and form a Zofran MDL, so this case may be transferred for pretrial discovery and motions before one judge in the very near future.
As always, I will contribute breaking news on the Zofran litigation as soon as it occurs.