Estey Bomberger attorneys are closely monitoring Zofran litigation developments. If you or a loved one took Zofran (ondansetron) for morning sickness during pregnancy, and had baby born with a cleft palate, cleft lip, or congenital heart defect (including heart murmur, atrial septal defect, or ventricular septal defect) contact us today for a free and confidential legal consultation of your rights.
Two lawsuits were filed in February 2015 against GlaxoSmithKline, the manufacturer of the anti-nausea drug Zofran, by women alleging the drug caused their children to be born with severe birth defects. One complaint, filed by Cheri Flynn in the U.S. District Court for the Eastern District of Pennsylvania on February 12, alleged that her two minor children, born in 2004 and 2006, were born with congenital heart defects after she took Zofran while pregnant. A second complaint was filed by Tomesa LeClair on February 16 in the U.S. District Court for the District of Massachusetts. Leclair alleged her daughter suffered heart defects and other congenital malformations after she took Zofran during pregnancy. The suit alleges LeClair’s daughter has needed thirteen surgeries and continues to suffer health problems and congenital delays.
The Zofran lawsuits allege that pharmaceutical sales representatives promoted Zofran as a morning sickness solution despite the drug not being approved to treat morning sickness. Zofran is approved by the FDA to prevent nausea and vomiting caused by chemotherapy, radiation therapy, and surgery. Although it is not approved to treat morning sickness – and has never been – it has still been heavily prescribed off-label to pregnant women.
For the thirty year period between 1983 and 2013, there was no FDA-approved drug to treat morning sickness. The drug Bendectin (pyridoxine/doxylamine) used to be available but was removed from the marketing 1983, although it continued to be available in Canada and elsewhere. After many years of studies, the FDA approved the return of pyridoxine and doxylamine in 2013, under the new brand name Diclegis. Despite the availability of Diclegis, doctors continue to prescribe Zofran off-label.
As more families learn of the link between Zofran and birth defects, it is likely that additional lawsuits will be filed. It is possible that there could be a MDL (multi-district litigation). If you took Zofran while you were pregnant and your child was born with a cleft palate, cleft lip, or congenital heart defect, you may be entitled to damages for medical care expenses, loss of income, pain and suffering, and other damages. Contact Estey Bomberger today for a free and private consultation of your potential claim.