Innovator liability rulings in California may help a Massachusetts mother and her attorney convince a judge the makers of a generic drug can be held liable for her daughter’s birth defects. The mother is alleging that Ondansetron, a generic version of the anti-nausea drug Zofran, is responsible for causing her daughter to be born with a heart abnormality, notes California Zofran attorneys.
If you or a loved one took Zofran, or its generic equivalent, during pregnancy and delivered a child with birth defects or other complications, contact Attorney Group for California for more information. We provide free, confidential, no obligation consultations. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Zofran lawsuit attorney who can assist you throughout the legal process.
Mother Claims A Generic Version Of Zofran Caused Her Daughter’s Heart Defect
A Massachusetts mother is hoping innovator liability laws in place in California and Vermont may help convince a judge in her home state to hold drug makers accountable for problems caused by their generic equivalents. CBS News details the story of the Foxboro, Massachusetts, mother who took Ondansetron, a generic version of the anti-nausea drug Zofran, while pregnant. She suspects that her daughter’s heart defect is connected to the generic drug.
Currently, Massachusetts residents are only allowed to file suit against brand-name drug manufacturers if injuries or other problems arise as a result of brand-name prescription drug use, according to the mother’s attorney. Those who are injured or otherwise affected by generic forms of a drug currently have no recourse in the state, despite the fact that Ondansetron was never deemed safe or tested for use in expectant mothers. Ondansetron in its brand-name capacity, Zofran, however, has been allegedly linked to a variety of serious birth defects, among them cleft palate and cardiovascular issues.
Affected Families May Be Entitled to Compensation
Drug manufacturers have a duty to ensure their products are accompanied by full and accurate instructions and warnings to guide prescribing doctors and other health care providers in making treatment decisions. If a drug maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
The parents of children who were born with birth defects linked to Zofran or its generic equivalent may be entitled to compensation for damages, including the child’s:
- Medical expenses
- Pain, suffering, and mental anguish
- Scarring or physical deformities caused by the birth defect or treatment
If a child died due to birth defects linked to Zofran or its generic equivalent, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of their child prior to death
- Pain, suffering, and mental anguish from the loss of a child
- Funeral expenses
Affected families are encouraged to seek the advice of a California Zofran attorney to learn more about their rights and remedies.
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