Reports have linked Zofran to birth defects in children of pregnant women who took the drug. Many parents are filing lawsuits against the manufacturer for marketing Zofran without FDA approval.
Why File a Zofran Lawsuit?
Zofran is a drug developed to treat nausea and vomiting in surgical and cancer patients. Many pregnant women have also taken Zofran to help with morning sickness, unaware of the potential side effects.
GlaxoSmithKline (GSK), the company that developed the drug, marketed Zofran to women for morning sickness without FDA approval. Many parents filed lawsuits against GSK after studies linked the drug to birth defects. If you took Zofran while pregnant, get connected with a legal expert.
Some of the birth defects that sparked Zofran lawsuits include:
- Cleft palate
- Congenital heart defects
- Webbed toes
- Hearing loss
- Facial dysmorphia
There might be other birth defects caused by taking Zofran while pregnant. Many parents are filing lawsuits to receive compensation for medical expenses, irreversible developmental disorders and the negative impact on their child’s quality of life.
Who is Responsible for Zofran Complications?
The FDA approved Zofran for cancer- and surgical-related nausea in 1991. Soon after, GSK began marketing Zofran for “off-label” purposes, including nausea in pregnant women. Lawsuits are being filed against GSK for neglecting to protect consumers and not providing warnings about possible side effects.
A complaint filed in 2015 states: “GSK’s conduct was tantamount to using expectant mothers and their unborn children as human guinea pigs.”
Legal experts have said that GSK marketed Zofran without approval to avoid costly but necessary research and to increase their profits.
Legal Complaints Against Zofran
Parents of children born with birth defects caused by Zofran have sued GSK for unlawful conduct that led to permanent damage.
GSK had multiple complaints filed against them for behaviors including:
- Fraudulent marketing by claiming Zofran was safe for unborn children
- Pushing Zofran to treat morning sickness when women had virtually no way of knowing the risks posed to their children
- Having knowledge of the health risks linked to Zofran as early as 1992
- Conducting practices that led to irreversible conditions and suffering in certain children whose mothers took Zofran
In 2012, the United States Department of Justice (DOJ) won a settlement from GSK. The charges brought on GSK by the U.S. government do not prevent individuals from pursuing lawsuits against the company.
When a lot of plaintiffs file lawsuits that involve the same legal issue, an MDL allows a judge familiar with the legal questions at hand to review many of these cases in a single venue.
All personal lawsuits in an MDL get transferred to a single federal district that hears each case in one location. Many lawsuits like the Zofran cases end up in MDL. This can be beneficial to plaintiffs because their lawyers have access to more resources. Lawsuits that are part of an MDL also often come to a speedier conclusion.As of July 2015, GlaxoSmithKline began seeking multidistrict litigation (MDL) to consolidate the mounting personal lawsuits coming its way.
Getting an Attorney who knows Zofran
The side effects of Zofran for unborn children have been devastating to your family. A lawsuit can provide compensation for medical costs and unforeseen expenses of caring for a disabled child. Filing a lawsuit is also the surest way to hold GSK accountable for its inappropriate marketing tactics.
If you are considering filing a lawsuit for Zofran birth defects, it’s imperative to hire a law firm that is able to handle your case. GSK is a billion-dollar corporation with a wealth of resources. An established law firm is a must when taking on this pharmaceutical giant.
Last Edited: October 31, 2017
- UNITED STATES DISTRICT COURT OF THE DISTRICT OF MASSACHUSETTS. (2015). LeClair Complaint. July 2016. http://www.aboutlawsuits.com/wp-content/uploads/2015-02-16-LeClaire-Complaint.pdf
- JESSICA DYE. (2015). GlaxoSmithKline seeks MDL for Zofran birth-defect cases. July 2016. http://www.reuters.com/article/2015/07/07/products-zofran-mdl-idUSL1N0ZN2CH20150707
- Department of Justice. (2012). GlaxoSmithKline to Plead Guilty and Pay $3 Billion to Resolve Fraud Allegations and Failure to Report Safety Data. July 2016. http://www.justice.gov/opa/pr/glaxosmithkline-plead-guilty-and-pay-3-billion-resolve-fraud-allegations-and-failure-report
- GSK. (2014). GSK Annual Report. July 2016. https://www.gsk.com/media/603031/annual-report-2014.pdf