A new Zofran lawsuit has been filed by a Utah mother who gave birth to a little girl with bilateral hip dysplasia. The complaint claims that the child’s birth defects were the result of Zofran, which her mother took to control nausea and vomiting during her first trimester of pregnancy.
The lawsuit is one of the most recent Zofran birth defects cases to be filed in the U.S. District Court, District of Massachusetts, where around 280 similar claims are currently undergoing coordinated pretrial proceedings. The child at the center of the complaint was born in 2011, and as a three-year-old underwent surgery to correct the misalignment of her hips. Prior to her surgery, the condition “prevented her from thriving physically and developmentally,” causing her to miss a number of developmental milestones.
The August 15th filing seeks damages for psychological and emotional trauma, medical expenses and more.
According to RXInjuryHelp.com, Zofran is manufactured by GlaxoSmithKline, and is only approved to treat nausea and vomiting related to surgery and certain cancer treatments. However, since its introduction in the 1990s, Zofran has frequently been prescribed to expectant mothers to alleviate pregnancy-related nausea and vomiting. Treatment often occurs during the first trimester, when the fetus is susceptible to the formation of birth defects.
Doctors are free to prescribe approved medications in any manner they deem appropriate, including for off-label indications. However, drug companies may not promote and market their products based on unapproved uses. In 2012, GlaxoSmithKline agreed to pay $3 billion to resolve charges with the U.S. Department of Justice regarding the tactics used to market a number of medications. Among other things, the company had been accused of improperly marketing Zofran as an off-label treatment for nausea and vomiting in pregnancy.
Zofran lawsuits accuse the company of concealing data that purportedly suggests a link between the drug and birth defects, and of failing to warn patients and doctors of this possible risk. Plaintiffs further claim that the company wrongly and aggressively marketed the drug as an appropriate treatment for morning sickness, even though it has never been proven safe and effective for this purpose
Bernstein Liebhard LLP is now offering free legal reviews to families interested in filing a Zofran lawsuit on behalf of their child. To discuss your case with a member of our legal team, please call ((888) 881-3077.