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Zofran MDL Established Before U.S. Judge Saylor IV

Excellent news on the Zofran litigation front.

This is attorney Michael Brady Lynch, lead trial attorney for The Michael Brady Lynch Firm.

Ina  highly anticipated decision, Fifty-four federal lawsuits alleging that the nausea drug Zofran caused birth defects were centralized on Oct. 13 in a multidistrict litigation before U.S. Judge F. Dennis Saylor IV of the District of Massachusetts (In Re: Zofran [Ondansetron] Products Liability Litigation, MDL Docket No. 2657, JPMDL).

In July, Zofran manufacturer GlaxoSmithKline plc moved for the MDL and suggested it be sent to the U.S. District Court for the Eastern District of Pennsylvania, where the defendant maintains U.S. operations. Plaintiffs supported an MDL but varied as to its location. The Michael Brady Lynch firm, along with other prominent counsel in the litigation, support transfer to the District of Massachusetts.

After hearing oral arguments on Oct. 1, the Judicial Panel on Multidistrict Litigation found that the litigation involves common questions of fact and that centralization will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The panel said the actions share factual questions about whether Zofran or its generic equivalent caused birth defects in children when taken by their mothers during pregnancy. 

The panel said centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings and conserve the resources of the parties, their counsel and the courts.

The panel also said the District of Massachusetts is the most appropriate transferee district out of the seven suggested by the plaintiffs. It noted that five cases, including the first-filed action and a cleft-lip case filed by The Michael Brady Lynch Firm, were pending before Judge Saylor.

About the Firm: The Michael Brady Lynch Firm is a national trial firm with a focus on pharmaceutical mass tort cases involving SSRI and Anti-Seizure Medication Birth Defects including Lexapro, Zoloft, Effexor, Prozac, Celexa, Paxil, Depakote and Topamax, Xarelto bleeding injuries, Mirena IUD, Actos Bladder Cancer, Invokana ketoacidosis, Testosterone heart attack and stroke injuries and medical device cases including DePuy Hip and Trans-Vaginal Mesh cases. Contact us today if you or someone you know has experienced side effects involving these products.

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