Purported Zofran Side Effects Are Primary Issue In Recently Filed Birth Defects Lawsuits


Zofran Lawsuits Accuse Zofran’s Manufacturer, GlaxoSmithKline, Of Failing To Warn That Its Anti-Nausea Drug Allegedly Causes Cleft Palate, Cleft Lip, Heart Defects And Other Defects When Taken During The First Trimester Of Pregnancy.

Zofran-birth-defects-lawsuit-lawyer-attorney-9In reviewing Zofran lawsuits filed recently in courts nationwide, Southern Med Law notes that Zofran side-effects from the anti-nausea drug are a common thread in complaints. As stated in the anti-nausea drug lawsuits, Zofran is a drug approved by the U.S. Food and Drug Administration (FDA) to treat nausea in patients undergoing chemotherapy, radiation therapy or for post-operative surgery. However, court documents show that Zofran’s maker GlaxoSmithKline promoted its drug as a remedy for morning sickness, which is nausea and vomiting that usually occurs in the first trimester of a pregnancy. The Zofran lawsuits similarly contend that physicians and their patients did not know about Zofran’s alleged serious side effects such as cleft lip, cleft palate, life-threatening heart defects, poor fetal growth, as well as fetal death. The law firm notes that plaintiffs accuse GlaxoSmithKline of failing to warn doctors and their patients about the side effects, because plaintiffs said had they known, they would not have taken the anti-nausea medication during pregnancy.

Soutehern Med Law notes that quite a few Zofran lawsuits have been lied recently. A lawsuit filed in April on behalf of Montana parents alleges that their child was born with a cleft lip and cleft palate allegedly due to prenatal exposure to Zofran. The child was forced to undergo 10 separate surgeries in an attempt to correct the lip and palate deformity, according to the complaint. The lawsuit claims that the birth defects has impaired the development of the child, who is now 16. (Case No. 1:15-cv-00026, U.S. District Court, District of Montana)

In another Zofran lawsuit filed in April on behalf of a Texas mother who alleges that her child was born in 2014 with numerous congenital defects that included a heart murmur, fluid on the brain and thickened arteries. (U.S. District Court, Eastern District of Texas, Case No. 5:15-cv-00034)

A Massachusetts mother claimed in a birth control lawsuit filed in April that she had to terminate her pregnancy in October 2013 after her unborn child was diagnosed with severe and life-threatening fetal defects, including a severe abdominal malformation (Case No. 1:15-11627, U.S. District Court, Eastern District of Massachusetts)

An Alabama mother alleges that her child was born with a high narrow pallet, a distended kidney and extra fingers. According to the complaint, the child had a seizure nine months later and was diagnosed with a seizure disorder. The Zofran lawsuit says the child, now 8 yaers old, is non-verbal and has “very delayed” reactions. (Case No. 2:15-cv-0054, U.S. District Court, Northern District of Alabama)

Earlier this month, two Louisiana mothers jointly filed a Zofran lawsuit against GlaxoSmithKline. One mother said in the complaint that her child was born with atrial septal defect (more commonly known as “hole in the heart”), perimembranous ventricular septal defect, which required surgery to correct, and other congenital heart defects. The second mother said her child was diagnosed with accelerated ventricular arrhythmia, a serious heart defect which nearly caused the child to die shortly after birth, the Zofran complaint said. (Case No. 6:15-cv-01815, U.S. District Court, Western District of Louisiana)

The Zofran complaints also cite epidemiological studies that examine the potential side effects associated with Zofran use during pregnancy. For instance, a study released in August 2013 that used data from a Danish health registry, found that women who took Zofran during the first trimester of pregnancy were at double the risk of having a baby with cardiac malformations, leading to an overall 30 percent increased risk of having a baby with major congenital malformations.

Southern Med Law comments that Zofran lawsuit filings have continued at a stead pace after the U.S. Department of Justice (DOJ) brought civil and criminal claims against GlaxoSmithKline. According to court documents, GlaxoSmithKline was charged by the Department of Justice (DOJ) with illegally promoting several of its drugs, including Zofran which the company promoted as a treatment for morning sickness and for paying kickbacks to doctors to influence them to prescribe the drug to their patients. GlaxoSmithKline agreed to pay $3 billion to settle the claims in July 2012, according to the court documents. (United States vs. GlaxoSmithKline, Case No. 11-10396, U.S. District Court, District of Massachusetts)

About Southern Med Law

Southern Med Law is a patient and consumer advocacy organization providing legal representation to the victims of negligent personal injuries, medical malpractice, dangerous drugs, faulty medical devices and defective products. Led by Dr. François Blaudeau, an attorney and a practicing obstetrician/ gynecologist, the legal staff at Southern Med Law possesses a deep understanding of the complex medical and legal questions at issue in all manner of product liability and personal injury claims. They’re not afraid to take on the nation’s largest corporations in their pursuit of justice, and are committed to ensuring that all victims have access to the type of aggressive legal advocacy that assures success.

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