A New Jersey couple has filed a lawsuit against GlaxoSmithKline (GSK) alleging that the anti-nausea drug Zofran caused their son to be born with clubfoot, a birth defect that occurs when the feet are twisted inward so that the soles cannot be placed flat on the ground.
Free Confidential Lawsuit Evaluation: If your child or other loved one was born with clubfoot or other 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 against the manufacturer of Zofran and our lawyers can help.
What’s the Problem?
According to the lawsuit, which was filed on June 26 in U.S. District Court for the District of New Jersey, the female plaintiff was prescribed Zofran (generic: ondansetron) after being diagnosed with hyperemesis gravidarum, a severe form of morning sickness. Her symptoms were so bad that she was given a Zofran pump for a number of days and even administered the drug intravenously.
The couple’s son, referred to as B.M. in the complaint, was born on September 24, 2011, and immediately diagnosed with a severe case of clubfoot. Shortly after birth, doctors began attempting to correct the defect through tissue manipulation, straightening and casting the baby’s legs and feet. These treatments were used for several months, causing great pain, inconvenience and expense.
B.M. was later forced to undergo a tenotomy, a surgery in which the Achilles tendons are cut and lengthened in order to gradually realign the feet. Several weeks later, the boy was required to wear corrective devices called “Mitchell Shoes” on each foot and a metallic bar connecting both feet, which caused difficulty sleeping and prevented him from learning to walk normally. According to the lawsuit, the boy’s socialization has suffered and the defect has regressed, possibly requiring a tendon transplant in the future.
The lawsuit also accuses GSK of engaging in aggressive “off-label” marketing of Zofran to pregnant women. The drug is only approved to treat nausea and vomiting associated with cancer treatment and certain kinds of surgery, so promoting Zofran for morning sickness was illegal, according to the complaint.
Plaintiffs are seeking compensation for negligence, fraudulent misrepresentation/concealment, breach of warranties, failure to warn and violations of New Jersey’s Consumer Fraud Act. In support of these demands, the parents assert that their son will suffer lifelong physical and emotional effects, and that they themselves have experienced significant financial losses and emotional distress as a result of his birth defects. The lawsuit case number is: 2:15-cv-04536-JLL-JAD. On April 4, 2016, it was announced that this case has been transferred to the Zofran multidistrict litigation (MDL) currently underway in Boston.
Arkansas Mother Alleges Son’s Clubfoot Caused by Zofran Exposure
December 23 – A woman from Arkansas has filed a lawsuit against GSK alleging that her use of Zofran during the 1st trimester of pregnancy caused her son to be born with clubfoot, cleft palate and respiratory distress syndrome (RDS). According to the lawsuit, plaintiff only took Zofran for one of her 3 pregnancies. Coincidentally, this was the only pregnancy in which she had a child with birth defects. Click here to learn more.
Do I Have a Zofran Clubfoot Lawsuit?
The Pharmaceutical 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 clubfoot and other birth defects cases in all 50 states.
Free Confidential Case Evaluation: Again, if your child or other loved one was injured by Zofran side effects, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and we can help.