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 against the manufacturer of Zofran and our lawyers can help.
What’s the Problem?
April 17, 2015 – The lawsuit, which was filed today in U.S. District Court, Texarkana District of Texas, alleges that a woman’s use of Zofran in the first trimester of pregnancy caused her baby to be born with numerous congenital birth defects including “heart murmur, fluid on the brain [hydrocephaly], thickened arteries and multiple developmental delays.” The plaintiff’s son, now 9 months old, faces a “long road of multiple surgeries” to correct the alleged Zofran birth defects.
The complaint alleges that drug maker GlaxoSmithKline (GSK) illegally promoted Zofran as a safe and effective treatment for morning sickness, even though it has never been approved for this purpose. Furthermore, the lawsuit contends that GSK’s own animal studies conducted in the 1980s found that Zofran readily crosses the placental barrier from mother to fetus, and revealed evidence of toxicity, intrauterine deaths and birth defects in babies exposed to the drug in utero. Finally, the complaint alleges that GSK has received at least 200 reports of birth defects linked to Zofran since the drug was released in 1992. The lawsuit is: Case No. 5:15-34.
U.S. Gov’t Claims GSK Illegally Marketed Zofran for Morning Sickness
Citing a landmark case of alleged healthcare fraud filed against GSK by the federal government in 2012, plaintiff alleges the company unlawfully marketed Zofran as a “safe and effective” treatment for the treatment of nausea and vomiting during pregnancy. In that lawsuit, the U.S. Justice Department accused GSK of:
- Promoting the sale and use of Zofran for conditions other than those for which it was approved;
- Making unsubstantiated and/or false representations about the safety and efficacy of Zofran concerning the drug’s use as a morning sickness treatment, and
- Offering and paying illegal remuneration to healthcare professionals to induce them to promote and prescribe Zofran.
Under the weight of these allegations, GSK agreed to settle the case for a record-breaking $3 billion. However, the company continues to maintain that it never marketed Zofran for the treatment of morning sickness. Plaintiffs in at least 7 Zofran birth defect lawsuits disagree, insisting that GSK’s alleged “off label” promotion of Zofran placed a drug with potentially devastating effects on fetal development into the hands of unsuspecting pregnant women.
Zofran Birth Defects
Zofran has been linked to:
- Cleft palate
- Heart defects
- Heart murmur
- Atrial septal defect (“hole in the heart”)
- Musculoskeletal anomaly
- Mouth deformity
- Intrauterine growth restriction (IUGR)
- Kidney defects
- Pregnancy complications
- Other birth defects
Utah Family Blames Zofran for Daughter’s Cleft Lip, Cleft Palate
February 19, 2016 – A Utah couple filed a lawsuit today against GSK alleging that the mother’s use of Zofran during pregnancy caused their daughter to be born with a “wide right unilateral complete cleft lip and palate,” a large split in her upper lip that extended all the way through the roof of her mouth. Now 20-years-old, the young woman “exhibits physical malformations resulting from the clefts and subsequent surgeries,” according to her parents. She “is unable to participate fully in life,” they say, “and has “required […] speech, occupational and physical therapy.”
The complaint was entered in the U.S. District Court for the District of Utah, Central Division, under case number 2:16-cv-00131-EJF (PDF). On March 2, the U.S. Judicial Panel on Multidistrict Litigation issued a Conditional Transfer Order (PDF) to move the case to the multidistrict litigation (MDL) currently underway in Boston.
Cleft Lip Lawsuit Filed in Texas
May 21, 2015 – A lawsuit was filed today in Texas federal court by an Arkansas couple who claims that Zofran caused their son to be born with a cleft lip. Plaintiff Jill Cox was prescribed Zofran for morning sickness in the early part of her pregnancy, and her son Jacob was subsequently born with a partial cleft lip that required surgery and left a permanent scar, according to the lawsuit. Click here to learn more.
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.