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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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GSK Requests Multi-District Litigation in Zofran Birth Defect Lawsuits

This week, GSK made a formal request asking the court to consolidate the multiple Zofran birth defect lawsuits into a multi-district litigation (MDL) to be heard before one judge in Pennsylvania, where GSK's U.S. headquarters is located.

So far, there have been 12 lawsuits filed against GSK regarding its drug Zofran in eight states. Each of the lawsuits claim that mothers who took Zofran to treat morning sickness during their first trimester delivered babies with birth defects ranging from cleft palate and cleft lip to holes in the heart. The lawsuits allege that the defects were a direct result of taking Zofran, and that GSK both failed to warn women of the risks and improperly marketed the drug to pregnant women.

Consolidating cases into MDLs is common in mass tort / drug injury cases where companies anticipate receiving numerous lawsuits claiming similar issues. For existing Zofran cases, should the MDL be granted, this means that the cases will simply change venues. For all subsequent Zofran lawsuits, they will join the MDL heard by the singular judge in Pennsylvania.

Domina Law Group attorneys are currently handling a Zofran birth defect case and will accept more in Nebraska or elsewhere. If you or someone you know took Zofran for morning sickness and your baby developed a birth defect, we invite you to contact us today for a review of your case.

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