What Are The Zofran MDL Questions Of Fact?

baby named in Zofran birth defect lawsuit
Learn more about the common questions of fact in the Zofran birth defect MDL. On October 13th, 2015, the Judicial Panel on Multidistrict Litigation issued an order which would form MDL 2657. Every lawsuit transferred to the United States District Court for the District of Massachusetts under this MDL is filed against the drug manufacturer GlaxoSmithKline, and contain the same questions of fact.

Questions Of Fact

Questions of fact are the questions that are asked regarding what happened during a series of events that ultimately lead to a lawsuit. Each of the Zofran birth defect lawsuits contains the following questions of fact:

  • Did Zofran cause a birth defect in an unborn child?
  • Did GlaxoSmithKline unlawfully promote Zofran “off-label” as a treatment for morning sickness?
  • Did GlaxoSmithKline hide evidence that Zofran causes birth defects?
  • Did GlaxoSmithKline fail to warn the public of the alleged side effects?

All of these questions will be addressed at trial. At this time, there have been no announcements regarding the dates for trials for MDL 2657.

GlaxoSmithKline And Zofran

GlaxoSmithKline developed Zofran during the 1980’s and prior to submitting the drug for approval by the U.S. Food and Drug Administration, performed animal studies with the drug. The FDA did grant approval for the drug in 1991, but only as an anti-nausea medication for patients undergoing anesthesia, chemotherapy, or radiation. Clinical trials were not performed on pregnant women and so the drug was not given approval as a treatment for morning sickness.

GlaxoSmithKline made the decision to proceed with a marketing campaign that lead the medical community and the public to believe that Zofran was a safe treatment for expectant mothers and their unborn children. Without the approval of the FDA, this type of advertising meant that the company was promoting the drug “off-label”.

Birth Defect Lawsuits

Not long after this campaign began, GSK allegedly began to receive reports that children had been born with birth defects to mothers who had been treated with Zofran.

In 2014, the first Zofran lawsuit was filed, alleging that a child had suffered due to a birth defect caused by Zofran. Parents allege that the drug caused defects such as atrial septal defect, ventricular septal defect, transposition of the greater vessels, clubfoot, respiratory distress syndrome, kidney defects, cleft lip, and cleft palate. Most children required multiple surgeries to correct the defect and their families believe that their quality of life has suffered.

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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