As the deadline for plaintiff law firms approaches for responding to the motion to consolidate and form a Zofran MDL by the defendants GlaxoSmithKline, another lawsuit has been filed against the manufacturers of the anti-emetic drug, which is at the center of allegations that it cause child birth defects.

This lawsuit was filed in Ohio according to We are yet to see the pleadings in this matter. This lawsuit will be the second lawsuit filed in Ohio federal courts since the beginning of the litigation. For a full breakdown of the number of filings, you can see an earlier post with numbers by state. This increases the number of similar lawsuits filed in this litigation to 20.

Zofran Lawsuits – An Update – Where Are We? Zofran Birth Defect

As mentioned in the beginning of this article, the defendants have moved to consolidate this litigation in Philadelphia federal court before two specific judges. One of the requested judges is currently handling the Topamax litigation. The defendants filed their motion to consolidate before the Judicial Panel on Multidistrict Litigation (JPML) in July 2015 and requested Philadelphia, despite the fact that there are no pending lawsuits filed in Philadelphia or Pennsylvania to date. Plaintiffs’ counsel are expected to file their responses within weeks. We will report on these motions when they are filed.

With 20 lawsuits filed, all alleging that Zofran (Ondansetron) caused child birth defects after the mother ingested Zofran for pregnancy related morning sickness or a more severe condition known as hyperemesis gravidarum, the Zofran litigation is growing week on week.

You will likely have seen many Zofran lawsuit TV Commercials, and many Facebook ads alerting the public about the litigation. If you believe you may have a case, it is important to call an experienced lawyer handling these cases now. There may be issues such as the statute of limitations or other issues that require immediate action to preserve your legal rights. Don’t delay.

Zofran was approved and became available in the US in 1991. The brand version of Zofran was all that was available until 2006. After that date, generic Ondansetron became available at a cheaper price point because the GSK patents expired. If you took Ondansetron, you will also want to obtain a free legal consultation as your rights may be greatly effected depending on the state in which you reside.

At the moment, we await the JPML hearing as to whether an MDL will be granted.

Zofran And Birth Defects Allegedly Caused By The Drugs

Zofran was first approved to prevent nausea and vomiting in those who were undergoing cancer treatment, or those who were post surgery. Promotion of Zofran to pregnant women began soon after the drug entered the market and became one of the most prescribed drugs in the US. The majority of lawsuits filed to date allege that GSK knew about the risks that Zofran posed when it transcended the fetal barrier, and were aware that there were adverse events of child birth defects reported to them. The FDA had also recorded at least 200 adverse events. The lawsuits also cite several epidemiology studies that conclude that Ondansetron, if taken in the first trimester more than doubles the risk of a child being born with:

  • Cleft Palate
  • Atrial Septal Defect
  • Ventricular Septal Defect

ASD, VSD, and Cleft palate are among the most common birth defects listed in the first 20 filed lawsuits in the Zofran litigation.

Stay tuned to the Legal Herald for more breaking news on this litigation.

About Laurence Banville

Attorney Contributor:

Laurence P. Banville, Esq. is the managing partner of Banville Law. He is a regular contributor on several topics including negligent security cases, child sexual abuse and Dram Shop and liquor liability cases.

This article was fact checked prior to publishing by this author to ensure compliance with our rigorous editorial standards. We will only use authoritative sources. Our values compel us to provide only trustworthy information. If you find an error, please contact us.

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