The Miller Firm is currently investigating Zofran birth defect cases and will be filing lawsuits shortly. We are currently watching to see what judges get assigned to the litigation. We think that the caseload is substantial enough that a Federal MDL will be created and potentially also consolidated state actions.
On February 12, 2014, court records show that a Zofran lawsuit was filed in U.S. District Court, Eastern District of Pennsylvania by a woman who alleges her use during both of her pregnancies in 2004 and 2006 caused her two children to be born with serious heart abnormalities. On February 16, 2015, a second complaint was filed in the U.S. District Court, District of Massachusetts on behalf of a child who was allegedly born with several congenital heart defects due to the mother’s use of Zofran during the first trimester of pregnancy. See this complaint attached above.
Per the allegations of these lawsuits, Zofran was never approved to treat nausea and vomiting in expectant mothers, and that its safety during pregnancy has not been well studied. Both lawsuits note that in 2012, GlaxoSmithKline agreed to pay $3 billion to resolve charges with the U.S. Department of Justice regarding the marketing of a number of medications. Further, both lawsuits point to various studies indicating a causative relationship between Zofran and birth defects.