With the rise in the number of Zofran lawsuits filed alleging that GlaxoSmithKline failed to disclose risks associated with use of the anti-nausea drug by pregnant women, consumers and families impacted by the drug may be wondering whether there have been any Zofran settlements. While drugmaker GlaxoSmithKline did agree in 2012 to pay $3 billion in fines to the federal government related to its marketing of Zofran and other drugs, no settlements have been reach with individual claimants as of May 2015. Women who took Zofran during pregnancy are encouraged to seek legal counsel if they delivered a child with birth defects.
If you or a loved one took Zofran and delivered a child with birth defects, including cleft lip, cleft palate, or heart defects, contact Attorney Group for more information about your options. We can answer your questions in a free, no-obligation consultation, and if you have a case, we can connect you with an affiliated Zofran lawsuit attorney who can help you seek the compensation to which you may be entitled. The time is pursue a claim is limited, so contact us today.
What are Zofran Risks?
The U.S. Food and Drug Administration (FDA) approved Zofran, or Ondansetron, to treat nausea and vomiting in chemotherapy and surgery patients in 1991. Zofran lawsuits allege drug maker GlaxoSmithKline wrongfully promoted the drug for the unapproved treatment of morning sickness. Studies have linked use of Zofran during the first trimester of pregnancy with an increased risk of severe birth defects including cleft lip, cleft palate, and heart defects.
Zofran Settlement with Federal Government Does Not Bar Individual Claims
As previously reported, GlaxoSmithKline agreed to pay $3 billion in a settlement with U.S. Justice Department in 2012 for off-label promotion of drugs, including Zofran to pregnant women for morning sickness. The settlement reached was reportedly the largest settlement of its kind in U.S. history.
The settlement of the federal government’s Zofran case does not bar claims brought by individually affected families of children born with birth defects. It is anticipated that individually filed Zofran claims will be consolidated for pre-trial proceeding in multi-district litigation (MDL). An MDL often occurs when a defendant or defendants have caused a similar harm to different people in different ways.
Typically, in an MDL, certain individual cases are tried in what is known as a “bellwether” process to, among other things, help determine whether other cases should be settled. It is anticipated that any Zofran MDL will proceed in a similar manner in order to determine whether Zofran settlements will be in the best interests of the parties.
Affected Children and Their Families May be Eligible for Compensation
If a defective drug or other product causes injury to a child, that child may be entitled to compensation for losses associated with his or her injury, including:
- Disability resulting from the injury
- Past and future medical expenses
- Transportation costs related to medical treatment
- Pain, suffering and mental anguish
- Caretaking expenses
- Scars resulting from the injury or medical treatment of the injury
Parents may be able to recover the costs of any medical treatment or other expenses that they incurred on their child’s behalf, as well as other losses they may have suffered as a result of their child’s injury.
The Time to Pursue a Claim is Limited. Contact Us Today.
If you or a loved one took Zofran during pregnancy, particularly during the first trimester, and delivered a baby with birth defects, contact Attorney Group to learn more. We can answer your questions, inform you of your options, and connect you with an affiliated attorney. The time to pursue a claim is limited, so contact us today.
A previous version of this post stated that the U.S. Food and Drug Administration (FDA) issued a warning in November 2013 regarding Zofran use in pregnant women. No such FDA warning was issued. We regret the error.