Two new lawsuits have been filed in Massachusetts federal court alleging that the anti-nausea drug Zofran can cause severe harm to unborn babies when taken by their mothers for morning sickness during pregnancy.
Free Zofran Lawsuit Evaluation: If your child or other loved one was born with a 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?
February 16, 2015 – A Lawsuit was filed today in U.S. District Court for the District of Massachusetts, Eastern Division, on behalf of a Boston woman who allegedly had a child with severe birth defects after she took Zofran for morning sickness during her first trimester of pregnancy. According to the lawsuit, Zofran was only approved “to treat only those patients who [are] afflicted with the most severe nausea imaginable – that suffered as a result of chemotherapy or radiation treatments in cancer patients.”
Notwithstanding federal laws that prohibit pharmaceutical companies from promoting their drugs for unapproved uses, the plaintiff claims GlaxoSmithKline (GSK) “marketed Zofran ‘off label’ as a safe and effective treatment for […] ‘morning sickness.’ ” To support this allegation, the lawsuit references criminal charges filed by the federal government against GSK in 2012.
While GSK continues to deny these allegations, the plaintiff noted that the company “entered civil settlements with the United States that included more than $1 billion in payments to federal government for its illegal marketing of various drugs, including Zofran specifically.”
According to the lawsuit, the woman’s child was born with the following birth defects:
- atrial septal defect
- right ventricular hypertension
- aortic arch hypoplasia
- facial dysmorphia
- low set ears
- hearing loss
- sensitivity to light
- inguinal hernia
- webbed toes
The child has undergone at least 13 different surgeries and continues to suffer from developmental delays and other health problems, according to the complaint. The lawsuit accuses GSK of failing to warn the plaintiff and her doctor about the risk of birth defects associated with Zofran. The lawsuit is: Case 1:15-cv-10429.
Zofran Lawsuit Filed by Woman Forced to Terminate Pregnancy
On April 24, another Zofran lawsuit was filed in the same Massachusetts court by a woman who was forced to terminate her pregnancy after her unborn child was diagnosed with “severe and life-threatening abdominal defects” allegedly caused by the use of Zofran. The complaint includes a summary of epidemiology studies revealing a 2.37 times increased risk of cleft palate, doubled risk of heart defect, and a 20% increased risk of any birth defect. The plaintiff, a Randolph, Mass. resident, is the first to sue for a terminated pregnancy, which she alleges was caused by taking Zofran during her first trimester of pregnancy.
The woman is seeking compensation for emotional and physical distress, as she was allegedly forced to terminate her pregnancy upon the discovery of catastrophic birth defects in her unborn child. The baby died in utero on Oct. 16, 2013, and was described as having severe abdominal deformities. The plaintiff contends that Zofran was the proximate cause of the baby’s defects, and claims to suffer persistent pain and distress as a result of her loss. The lawsuit is: Case No. 1:15-11627.
Massachusetts Couple Allege Son’s Heart Defect Caused by Zofran
A lawsuit filed July 17 by a Winthrop, Mass. couple allege their son was born with a ventricular septal defect and systolic ejection heart murmur after being exposed to Zofran in the womb. The boy, now 8-years-old, continues to suffer from the defect and is at risk of developing “an infection that will spread to his heart and require emergency survey,” according to the complaint. The lawsuit was filed in the U.S. District Court of the District of Massachusetts under case no. 1:15-cv-12973.
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 your child or other loved one was born with a 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 Zofran Suit and our lawyers can help.