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August 27, 2020

COVID-19 Puts Zofran Injury Litigation on Hold

The first bellwether trial in the multidistrict litigation addressing Zofran injury lawsuits has been postponed due to the coronavirus pandemic. Currently over 500 product liability lawsuits have been filed against GlaxoSmithKline (GSK), the manufacturers of Zofran, over claims that their medication can cause birth defects when taken by pregnant women.

Originally the trial was scheduled for May 4, 2020, involving the claims of Zofran user Carla Rodriguez. Like others across the U.S., Rodriguez alleges her use of Zofran while pregnant caused birth defects in her child. Rodriguez alleges GSK knew or should have known about the risks of birth defects associated with Zofran and failed to warn doctors and consumers.

However, with the fallout of the COVID-19 pandemic halting the judicial system, the trial has been put on hold for the time being. U.S. District Judge F. Dennis Saylor IV, who oversees the Zofran injury litigation, said it could be “anybody’s guess” when the trial would resume.

“There is going to be pent0up demand for criminal cases and everything else once we get back to a normal trial calendar,” Judge Saylor said in a status conference announcing the delay. “I am not going to speculate about how that is going to unfold.”

No new trial date has been set, so it is unclear when the litigation will continue. These early bellwether trial dates, which were expected to begin in January 2020, are used to help both parties gauge how juries may respond to evidence and testimony frequently brought forward during the litigation.

Zofran Injury Lawsuits

Zofran is a prescription typically recommended for patients who are experiencing nausea while undergoing chemotherapy treatments. Women experiencing nausea during pregnancy have also been prescribed Zofran as an “off-label remedy.”

However, reports now link Zofran to an increased risk of serious side effects, notably birth defects. In fact, medical studies linked Zofran use to a 30% increased risk of birth defects. Some of the pregnancy risks Zofran has been linked to include heart defects, poor development in the womb, cleft palates, and even infant death.

Individuals filing Zofran injury lawsuits allege GSK, which manufactures Zofran, is responsible for these birth defects, because they failed to warn the public about the risks associated with taking Zofran.  In 2012, After an investigation by the U.S. Department of Justice, in 2012 GSK pleaded to criminal charges for off-label promotion of Zofran for treating nausea during pregnancy and paid $3 billion in penalties.

If you took Zofran and your child experienced birth defects, you may be the victim of toxic Zofran side effects. Our personal injury attorneys fight on behalf of victims hurt by dangerous drugs to ensure they have their best chance at recovering compensation for their injuries. We work to reach favorable outcomes for all of our clients and have the success to show for it, as we have achieved multi-millions of dollars in settlements and verdicts.

To speak to a legal representative today about your case and receive a free case consultation, reach out to us today.

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