Free Zofran Lawsuit Evaluation: If your child was harmed by Zofran side effects, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
What’s the problem?
According to the lawsuit, plaintiff’s daughter ‘C.L.’ was born on January 24, 2013, and subsequently diagnosed with “multiple congenital anomalies,” including an unspecified heart defect. At the age of 8 months, C.L. was required to undergo open heart surgery to correct the problem, and her doctors expect additional procedures in the future.
C.L.’s mother claims that had she known the risks of using Zofran during pregnancy, she would have never even considered it. The complaint alleges that “As a direct and proximate result of GSK’s conduct, the plaintiffs and their daughter have suffered and incurred harm including severe and permanent pain and suffering, mental anguish, medical expenses, and other economic and noneconomic damages, and will require more constant and continuous medical monitoring and treatment than had they not been exposed to the drug.”
Like dozens of families before, the Alabama parents claim that the mother’s use of Zofran during pregnancy caused their child’s birth defect. However, the Alabama lawsuit is unique in one respect: the complaint lists as defendants GSK and Dr. Reddy’s Laboratories, an India-based manufacturer of the generic drug ondansetron (the active ingredient in Zofran).
Most states prohibit lawsuits against generic drug manufacturers by patients who claim their products were defectively designed. This leaves the companies almost entirely free of liability from damage caused by their medications.
Only 3 states — Vermont, Illinois and California — recognize the legal theory of “innovator liability,” which allows plaintiffs to sue brand name companies for injuries allegedly caused by generic products. However, a recent bill ended the recognition of innovator liability in Alabama, only one month after the plaintiffs filed their lawsuit.
The complaint was filed September 9 in the U.S. District Court for the Northern District of Alabama, Southern Division under case #2:15-cv-01552-TMP.
Do I have a Zofran Lawsuit?
The 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 defect cases in all 50 states.
Free Confidential Case Evaluation: Again, if you or a loved one was born with birth defects after the mother took Zofran in pregnancy, you should contact our law firm immediately. You may be entitled to compensation by filing a Zofran Suit and our lawyers can help.