Women across the United States are filing lawsuits alleging that Zofran, a medication that is prescribed off-label to treat morning sickness, causes serious birth defects. The lawsuits claim that drug maker GlaxoSmithKline was negligent in failing to warn women of the risks associated with taking Zofran during pregnancy, including the alleged risks of congenital malformations, heart defects, and cleft palate. Affected families are pursuing claims against drug maker GlaxoSmithKline with the assistance of a Kentucky Zofran Attorney.
If you or a loved one took Zofran during pregnancy and delivered a child with birth defects or other complications, contact Attorney Group for Kentucky 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.
Drug Maker Paid $3 Billion To Resolve Fraud Allegations
An increasing number of women are seeking damages from GlaxoSmithKline, maker of the anti-nausea medication Zofran, claiming that their use of the drug during pregnancy caused their children to suffer various birth defects. According to CBS News, many of the lawsuits allege that the drug maker received reports of Zofran causing birth defects over 20 years ago and was therefore negligent in failing to report this risk. GlaxoSmithKline maintains that its medication is safe.
The treatment of morning sickness is not an FDA-approved use of Zofran, but some doctors prescribe the drug for this purpose. In 2012, GlaxoSmithKline agreed to pay $3 billion in a settlement with the Department of Justice to resolve fraud allegations and failure to report safety data. Among the claims resolved by the settlement were allegations that GSK promoted certain forms of Zofran, approved only for post-operative nausea, for the treatment of morning sickness in pregnant women, as well as claims that GSK paid kickbacks to health care professionals to induce them to promote and prescribe the drug.
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 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, 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 Kentucky Zofran lawsuit attorney to learn more about their rights and remedies.
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