Parents have filed a Zofran birth defects lawsuit in North Dakota, naming themselves and their minor child as plaintiffs. The lawsuit was filed in federal court at the end of July. The plaintiffs claim that the child suffered from various birth defects as a result of the mother using Zofran during the first trimester of her pregnancy. This lawsuit is only the latest in a growing number of claims filed against GlaxoSmithKline, the manufacturer of the drug. Zofran is an anti-nausea medication, but it was supposed to be used for people who are dealing with chemotherapy and who are recovering from surgery. It has not been approved for morning sickness.
Zofran Birth Defects Lawsuit – Factual Background
According to the complaint, a copy of which can be found here, the mother of the child was prescribed Zofran during the early stages of her pregnancy to treat the symptoms of morning sickness. She continued to use the drug throughout her pregnancy. The child was born in 2007 with several different and severe birth defects. The complaint goes on to list the birth defects allegedly caused by the child’s exposure to Zofran. Those birth defects include:
- A missing kidney
- Congenital unilateral absence of the vas deferens
- Lack of connective tissues to allow for a kidney transplant
- Damage to the kidney that the child does have
The parents did not discover that the child had only one kidney until a medical issue arose in 2013. At that point, his kidney was damaged such that it has only 38 percent of the level of function of a normal kidney.
Zofran Birth Defects Lawsuit – Legal Causes of Action
The complaint goes on to allege the following causes of action, which are basically reasons why the plaintiffs believe that GlaxoSmithKline should be found liable for the damages they seek:
- Breach of implied warranty of merchantability
- Fraudulent misrepresentation
- Fraudulent concealment
- Negligent misrepresentation
- Unfair trade practices/false advertising
- Loss of consortium
- Strict products liability
In general, these causes of action allege that GlaxoSmithKline either knew or should have known about the risks of pregnant women using Zofran. They further allege that GlaxoSmithKline actively marketed Zofran for this unapproved use despite this knowledge.
Zofran Birth Defects Lawsuit – Damages Sought
As a result of these injuries allegedly caused by Zofran, the plaintiffs are seeking the following types of damages:
- Medical, incidental and hospital expenses
- Pre-judgment and post-judgment interest
- Full refund for Zofran purchases
- Consequential damages
- Compensatory damages
- Attorneys’ fees and court costs
- Loss of consortium for the parents
Zofran Birth Defects Lawsuits and Your Legal Rights
If you used Zofran during pregnancy and your child was born with birth defects, you need to take a stand now to protect your family’s legal rights and interests. Contact the Zofran birth defects lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.