Accusing drug maker GlaxoSmithKline of putting profits over patients, a Zofran birth defect lawsuit claims that the anti-nausea drug was wrongfully promoted to treat morning sickness, even though the FDA had not approved the drug for that use. Affected families may be eligible to recover compensation with the help of a Pennsylvania Zofran attorney.
For more information, contact Attorney Group for Pennsylvania. 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 Pennsylvania Zofran attorney who can assist you throughout the legal process.
Plaintiff Claims Child’s Birth Defects Connected to Zofran Use
A plaintiff in one of nearly 200 nationwide lawsuits involving the anti-nausea drug Zofran claims the drug’s manufacturer capitalized on a profitable business opportunity at the expense of its patients and their offspring. According to Courthouse News, the lawsuit claims GlaxoSmithKline worked hard at not only driving sales of the drug, but in convincing medical care providers to do the same. The plaintiff seeks compensation for medical and legal expenditures, and she also looks to hold GlaxoSmithKline accountable for breach of implied warranty, breach of express warranty, negligence and product liability.
The plaintiff in the lawsuit, filed in October 2015, claims her child was born with teratologic clubfoot and congenital band syndrome, deformities she attributes to her use of Zofran for pregnancy-related nausea beginning in her first trimester. Zofran has not been cleared as “safe” for use by expectant mothers, though it has been approved to help combat nausea in those undergoing chemotherapy. Pharmaceutical companies are not allowed to encourage doctors to prescribe drugs for off-label purposes not approved by the U.S. Food and Drug Administration (FDA), and GlaxoSmithKline was already cited and forced to pay $3 billion for allegedly doing so in 2012, the website reported.
How a Pennsylvania Zofran Attorney Can Help
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 Pennsylvania Zofran attorney to learn more about their rights and remedies.
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