There is good news on the horizon for those who have filed a Zofran lawsuit against the drug manufacturer GlaxoSmithKline for birth defects resulting from the use of Zofran during pregnancy. GlaxoSmithKline has recently petitioned the U.S. Judicial Panel for Multidistrict Litigation JPML (JPML) to establish a multidistrict litigation (MDL) for lawsuits involving the alleged birth defects.
GSK Prepares for Zofran Lawsuits
As of July 8, 2015, 12 lawsuits in 10 jurisdictions had been filed against GlaxoSmithKline and numerous informal inquiries were made, leading GSK to believe additional suits are coming down the pipeline. Because multidistrict litigation is designed specifically for cases with many plaintiffs, it is very likely that the JPML will approve GlaxoSmithKline’s petition.
This means that all federally filed lawsuits against the company regarding alleged birth defects will be assigned to a single district court—specifically the Eastern District of Pennsylvania—for pre-trial proceedings. If approved, all lawsuits will be handled by the same judge and each witness will only have to give a deposition one time in a single court. Multidistrict litigation in this case will benefit all parties.
Multidistrict Litigation Benefits All
GlaxoSmithKline requested the MDL to save time and resources. If each federally filed case was handled in a different district court, the pharmaceutical company would have to send a legal team to each court for depositions and other pre-trial proceedings, which can be costly and time consuming. If the MDL is approved for birth-defect related lawsuits, GlaxoSmithKline will be able to concentrate its efforts in one court and share resources between cases.
For plaintiffs who have filed a Zofran lawsuit, the approval of a multidistrict litigation could significantly improve their chances of a positive outcome. In multidistrict litigation, the attorneys for each plaintiff can share resources and valuable information throughout the discovery phase of the proceedings, creating a stronger case backed by power in numbers.
Power in Numbers
When a judge hears the story of plaintiffs who were prescribed Zofran during pregnancy and birthed a child with a defect, significant evidence and highly-qualified expert opinions will be required to illustrate a connection between Zofran and the side effect. These essentials cost money and an extensive amount of time researching and preparing. However, when a dozen or more plaintiffs stand before a judge with similar stories, not only can research and witnesses cover all or most plaintiffs, but the connection between the drug and the outcome is more powerfully evident.
For those who believe their use of Zofran during pregnancy resulted in their child’s birth defects, they would be more likely to receive compensation due to the benefits of multidistrict litigation:
- A multiparty legal team has a better chance of successfully challenging the powerful defense team of a large, multimillion dollar company.
- A multiparty legal team is empowered with knowledge, evidence, and resources that become available when many cases are viewed as a whole.
- A judge is more likely to see the whole picture when all cases are presented together, rather than individually with different judges.
Compensation Can Help
If you believe that your child’s birth defect or disability was caused by your Zofran prescription during pregnancy, consider joining the pending MDL against GSK. While legal compensation will never be able to take back the harm that has already been done, it can give your child the best resources for a lifetime of medical care they deserve. Submit your Zofran case to the Injury Recovery Institute or call 877-681-9909 for a free legal review with our team of experts.