In a move that will streamline the process of filing Zofran birth defect lawsuits, U.S. District Judge Dennis Saylor has allowed new plaintiffs to enter claims directly into the multidistrict litigation (MDL) currently underway in Boston.
Free Zofran Lawsuit Evaluation: If your child was born with heart defects, cleft palate, musculoskeletal problems or another birth defect after the mother took Zofran in pregnancy, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the problem?
Instead of filing Zofran lawsuits in the federal courts of their specific states, plaintiffs can now join the MDL from the beginning. The order (PDF), Judge Saylor’s sixth to help streamline the MDL, will significantly cut red tape, saving time and resources for all parties involved in the litigation.
However, despite the order, plaintiffs will still have to act as though they were filing the complaint in a separate federal jurisdiction. In order to file directly in the U.S. District Court of Massachusetts, where nearly 300 Zofran birth defect lawsuits are already pending, plaintiffs must specify the district court in which they would have filed, had Saylor not approved direct filing into the MDL.
This means plaintiffs’ attorneys will have to justify the separate venue, even though in actuality their cases aren’t being filed there. If the court finds a problem with their argument, plaintiff will be given 30 days to amend the complaint and re-submit it.
GSK is currently unable to challenge any suits filed directly in Massachusetts on the grounds of venue. In most civil cases, the proper venue is typically the district court closest to where the defendant is located, or where events relevant to the case occurred.
However, in the Zoloft litigation, Saylor has voided this requirement during the course of the MDL. After pretrial proceedings are done, GSK will have the authority to challenge a lawsuit’s venue. The order allows a complaint to be filed directly in Boston without an admission from the court that Massachusetts is the proper venue for that particular suit.
Additionally, plaintiffs will not be required to find local counsel in Massachusetts. Attorneys admitted to practice in any U.S. District Court will be allowed to appear before the MDL court in Boston without going through any of the red tae which can make the process more difficult.
Lawyers will be bound by the standards of the U.S. District Court of Massachusetts, not the jurisdictions where they are technically licensed to practice.
Do I Have a Zofran Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Zofran lawsuits. We are handling individual litigation nationwide and currently accepting new birth defects cases in all 50 states.
Free Confidential Case Evaluation: Again, if you or a loved one was injured by Zofran side effects, you should contact our law firm immediately. You may be entitled to compensation by filing a class action suit and our lawyers can help.