An increasing number of women have filed lawsuits against GlaxoSmithKline, the pharmaceutical manufacturer of the anti-nausea drug Zofran. The majority of suits are filed by mothers who used Zofran while pregnant and gave birth to children with defects.
In this case, a 20-year-old woman from Texas is suing the company for her own birth defects. The age of the plaintiff shows that Zofran has been prescribed to pregnant women for over two decades.
Using Zofran To Treat A Mother’s Morning Sickness
While pregnant, the woman’s mother dealt with a condition known as hyperemesis gravidarum. It’s a serious form of morning sickness characterized by excessive vomiting and intense nausea. During the first trimester, doctors prescribed Zofran to treat the debilitating symptoms.
Today, the 20-year-old woman suffers from congenital heart defects. She was born with a ventricular septal heart defect and pulmonary stenosis. She also has facial defects, such as cleft lip and cleft palate.
In the complaint, the woman argues that she has no genetic predisposition to cardiac or facial defects. She believes that Zofran exposure caused her defects and forever altered the quality of her life.
Filing A Suit For Compensation
On Nov. 30, 2015, the woman filed a lawsuit with the Northern District of California court system. She’s suing for negligence, fraud, misrepresentation and warranty breach.
The lawsuit alleges that GlaxoSmithKline discovered that Zofran might increase the risk of birth defects in 1992. But according to the complaint, the company didn’t take action and inform doctors of the risk.
GlaxoSmithKline engaged in off-label marketing of the anti-nausea drug, which the FDA approved for cancer patients only. The pharmaceutical company never did clinical studies before pushing the drug but reportedly knew that pre-natal Zofran exposure could injure unborn children.
Throughout her life, the 20-year-old woman had at least three surgeries. Doctors predict that she will need to undergo additional medical procedures for the remainder of her life. She’s suffered from permanent disfigurement, diminished quality of life, low self-esteem and physical and mental pain.
The woman seeks $75, 000 in compensation that would help to cover her medical bills. The award would also reimburse her for the purchase price of Zofran, and general, consequential and punitive damages.
If you or a family member was born with birth defects, then you might be entitled to compensation for this medical side effect.
Complete a free, no-obligation case evaluation now to see if you qualify.
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