ZofranLegal.com reports on a lawsuit filed against Zofran manufacturer GlaxoSmithKline which has been transferred from the MDL group in Boston to a State Court in Kentucky. With many Zofran birth defect lawsuit cases entering court dockets in the U.S. District Court for Massachusetts, other transfers can occasionally occur.
In details of this particular lawsuit, a couple from Kentucky states that because their infant daughter was exposed to Zofran through her mother while growing in the womb, this caused her to develop fatal heart defects and ultimately pass away. The mother was prescribed Zofran “off-label” as a treatment for her morning sickness. Additionally, in a rare move, the child’s pediatrician also gave the infant Zofran directly after her birth, and just 1 day before her death.
This prescription is considered off-label due to the fact that Zofran was never FDA-approved or tested for safety on expectant mothers. It was instead specifically approved to treat individuals suffering from nausea and vomiting after undergoing chemotherapy, radiation, and anesthesia. Despite this approval, manufacturer GlaxoSmithKline went on to market the drug to pregnant women and OB/Gyns across the nation.
The infant girl’s family is suing not only GlaxoSmithKline, but also their former pediatrician, two generic drug companies and the company which published drug information pamphlets on those medications. Because the lawsuit included all of these individuals, defendants at GSK requested that it be transferred to Boston Federal Court with the current Zofran multidistrict litigation. They also argued that the other defendants named were “fraudulently misjoined” to the complaint.
Legally, the situation came down to a question of jurisdiction, over which court (Federal or State) should hear this particular case. GSK requested that the lawsuit be split into several legal actions, one of which would name GSK alone as the defendant. Then, the claim would be transferred to Boston and the other allegations would be dealt with in Kentucky State Court. Federal Judge Amul R. Thapar of the U.S. District Court for the Eastern District of Kentucky denied this request, stating that this was not, in fact, fraudulent misjoinder.
Zofran Birth Defect allegations have been the subject of almost 200 other lawsuits at this time, and these numbers are only expected to increase. Most lawsuits filed in federal courts have been consolidated to MDL number 2657 in Boston and are being overseen by Judge F. Dennis Saylor IV.
The attorneys at Monheit Law are working to ensure that anyone who used Zofran while pregnant and who subsequently gave birth to a child with defects will have the opportunity to explore their legal rights. These women and their children may be entitled to significant compensation. To help facilitate this, the attorneys at Monheit Law are currently offering free legal consultations.
To ask questions or request more information on Zofran birth defect lawsuits, please contact attorney Michael Monheit, lead attorney at Monheit Law by calling (877) 620-8411.
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Contact ZofranLegal.com:
Michael Monheit
1-877-620-8411
michael@monheit.com
1368 Barrowdale Road, Rydal, PA 19046