A Zofran birth defect lawsuit was filed by an Arkansas family after a child was born with a birth defect. The mother, like many women, had used Zofran to treat her morning sickness without being aware that Zofran was not approved for that use or that it could lead to Zofran birth defects. The Zofran birth defect lawsuit was filed against GlaxoSmithKline (GSK) in May.
According to the birth defect lawsuit, the plaintiff used Zofran beginning in fall 2011 to treat morning sickness claiming, “GSK promoted the drug as a way to prevent morning sickness.” However, the FDA never received FDA approval for such use.
The plaintiff gave birth to a child in June 2012 who was born with a partial cleft lip (meaning the child was born with an opening that did not reach the nose). The child underwent surgery in order to fix the birth defect and will most likely have a scar there for the rest of the child’s life.
The Zofran birth defect lawsuit also claims that the child “has also had developmental delays from the sedations” that were required for the surgery and “it took him longer to speak and walk than the average infant, and he has visited a speech therapist, a developmental therapist, and an physical therapist,” as a result of Zofran side effects. The Zofran birth defect lawsuit continues to state that all of these visits were “unduly burdensome” for them.
About Zofran
Zofran is a nausea medication that has been approved only for the most severe forms of nausea such as those experienced by patients undergoing radiation or chemotherapy. However, GSK has been accused of marketing their drug for off-label purposes. While a physician can prescribe a medication for off-label purposes, it is illegal for a drug company to market their drug for non-approved uses. A company that does so may be held liable for the damages, such as Zofran birth defects, that may follow.
The Zofran birth defect lawsuit claims that GSK failed to adequately warn about potential Zofran birth defects, did not conduct adequate tests, and marketed their drug for off-label morning sickness treatment. Already, studies have found that women who take Zofran for morning sickness are 2.37 times more likely to give birth to a child with Zofran birth defects.
As a result of this heightened risk, many have chosen to file Zofran birth defect lawsuits against GSK for their negligence and failure to warn.
Zofran birth defect lawsuits may be filed to help a family win compensation to pay for any medical and/or therapeutic treatment required by the birth defect, pain and suffering, cost of special education, and more.
This Zofran Birth Defect Lawsuit is Case No. 4:15-cv-00284, in the U.S. District Court for the Eastern District of Arkansas, Western Division.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The birth defect attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual Zofran lawsuit or Zofran class action lawsuit is best for you. [In general, Zofran lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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Join a Free Zofran Birth Defects Class Action Lawsuit Investigation
If you or someone you know took Zofran while pregnant and had a baby with a birth defect, you or this person may have a legal claim. See if you qualify by filling out the short form below.
A Zofran birth defect attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.
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