A Louisiana mother will be one of the first to be transferred to Massachusetts

A mother who filed a lawsuit against GlaxoSmithKline on behalf of her daughter will be headed to Massachusetts with eleven others. feet of baby with Zofran birth defect A lawsuit filed in the U.S. District Court Western District of Louisiana under case number 6:15-cv-01815-RFD-PJH has been included in Schedule A in the Zofran MDL and will be transferred to a federal court in the District of Massachusetts.

The Louisiana Complaint

On June 8th, 2015, a mother filed a lawsuit against the drug manufacturing company, GlaxoSmithKline (GSK). She alleges that the anti-nausea medication Zofran caused several heart defects in her then unborn child.

The plaintiff was prescribed Zofran by her doctor during the first trimester of her pregnancy to treat morning sickness. Her daughter was born on July 15th, 2010 and was diagnosed with perimembranous ventricular septal defect (VSD), atrial septal defect (ASD), and intermittent tachypnea. She required surgery to correct her defects.

The lawsuit further alleges that because of these defects both the mother and daughter have suffered, “including severe and permanent pain and suffering, mental anguish, medical expenses, and other economic and non-economic damages.” The mother has stated that if she had known about the risk associated with taking Zofran during pregnancy she never would have taken the drug and her daughter never would have been harmed.

This case is just one of many filed against GSK, each one alleging that Zofran caused a birth defect in an unborn child.

The Zofran MDL

In October 2015, numerous plaintiffs and GSK went before the Judicial Panel on Multidistrict Litigation to request that Zofran lawsuits be consolidated into an MDL. This would mean that all cases would be tried in one court, under one judge. The panel agreed to the consolidation and formed MDL 2657.

Twelve cases were listed under Schedule A and will be the first to be assigned to the Honorable F. Dennis Saylor IV, for coordinated pretrial proceedings. A Plaintiffs’ Steering Committee will be appointed, which will review documents, take depositions, write briefs, and assist plaintiffs by providing them with a trial package with all necessary documents.

By allowing this consolidation, the panel hopes to expedite the litigation process and save everyone involved unnecessary expense. This does not prevent new lawsuits from being filed against GSK, and the number of complaints is expected to grow rapidly over the coming months.

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.

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