Developed by pharmaceutical giant GlaxoSmithKline, Zofran (Ondansetron) was approved by the United States Food and Drug Administration in early 1991 as a drug designed to combat nausea in patients undergoing cancer treatment.
More specifically, the drug is most often used by those who are undergoing chemotherapy or have just undergone a surgical procedure. In being extremely effective at combating nausea, GlaxoSmithKline sought to expand the drug’s market by targeting pregnant women who suffered from morning sickness.
While the drug proved equally effective at defeating their nausea, the drug was never approved or tested on this type of patient. Without medical data available, pregnant women were unaware that they were exposing their developing babies to an increased risk of birth defect.
In use among pregnant women quickly growing, dozens of medical research teams launched studies to determine the relationship between Zofran use during pregnancy and birth defects in children. As these studies began reporting their findings, an overwhelming number of them were discovering a strong correlative relationship between Zofran use and birth defects.
With the noted birth defects ranging from minor ailments to life threatening conditions, the findings caused major concern in the medical community. Some of the birth defects noted by the studies include:
|Muskuloskeletal Problems||Intrauterine Growth Restriction|
|Kidney Defects||Mouth Deformities|
Are Zofran Lawsuits Winning Settlements?
As of August 2016, no lawsuits that have been brought against GlaxoSmithKline citing Zofran use in pregnant women have been publicly awarded or offered a monetary settlement.
However, the lack of settlement acquisition in these cases is primarily due to the recent filing nature of a vast majority of Zofran birth defect cases, with the first lawsuits being filed in February 2015.
While settlements have not yet been awarded to any plaintiffs, GlaxoSmithKline has entered into past settlement agreements regarding their handling of Zofran.
In 2012 the pharmaceutical giant pleaded guilty to multiple criminal and civil allegations, including liability for promoting Zofran for off-label, non-approved uses. As part of their guilty plea, GlaxoSmithKline reportedly paid a total of $3 billion in criminal and civil fines.
While neither the guilty plea nor the $3 billion payment covered individuals whose children suffered from birth defects due to Zofran use, the plea did raise the public awareness of the issue.
In raising awareness, hundreds of consumers who believed their children’s birth defects were caused by Zofran began exploring their legal options against GlaxoSmithKline.
With Zofran birth defect lawsuits now growing at an exponential rate, the ability of plaintiffs to exert pressure on GlaxoSmithKline to make a settlement offer is increasing.
How Can I Get A Zofran Birth Defects Settlement?
In order to secure the ability to take part in future Zofran birth defect lawsuit settlements, a potential plaintiff should contact an attorney as soon as possible to begin the appropriate legal process.
When an attorney is first contacted, they will attempt to verify that the individual took Zofran while pregnant and then gave birth to a child who suffered from a Zofran-related birth defect.
If an attorney is able to confirm this, they will proceed to work with the individual to satisfy all that is required to file a Zofran birth defects lawsuit.
One of the first things pursued is a thorough medical examination of all relevant client medical records to provide validation and support to all future legal claims regarding the lawsuit. This examination will be conducted by a team of skilled medical professionals who will work with the attorney.
Once the medical team is able to validate the claims brought forth by the client, an attorney will use their findings to ensure that the situation occurred within the necessary state dangerous drug lawsuit deadlines.
If any relevant state legal deadline is missed, a client will be deemed ineligible for lawsuit filing and thus ineligible to receive any form of settlement award or GlaxoSmithKline offer.
However, if the examination and subsequent efforts by the attorney are able to confirm that an individual’s situation was valid and falls within the necessary deadlines, they will be permitted to move forward towards filing a lawsuit.
When the lawsuit filing process is completed, a plaintiff will then become eligible to take part in all future settlement offers or awards depending on how they choose to consolidate in the future.
A lawsuit will most likely levy the following allegations against GlaxoSmithKline in an attempt to acquire a monetary settlement:
- Failed to warn the public of the risks of taking Zofran
- Failed to properly test Zofran for dangerous side-effects
- Withheld research data from the public about Zofran dangers
- Sold Zofran even though they knew it could be dangerous
- Manufactured and sold an unsafe product
Our Zofran Lawyers Can Help You
Our Zofran lawsuit attorneys can help if your child was harmed by this dangerous drug. Lawsuits will be filed against the drug maker for injuries caused by to babies. You and your child may be entitled to a settlement. We do not charge any legal fees unless you receive a settlement and we pay all of the case costs.
If your claim is not successful for any reason, you do not owe us anything. We put it in all in writing for you.
Our No Fee Promise on Zofran Cases
You can afford to have our great team of lawyers on your side. When you choose us, it literally costs nothing to get started. We promise you in writing:
- No money to get started
- We pay all case costs and expenses
- No legal fees whatsoever unless you receive a settlement
- Phone calls are always free.
Start Your Zofran Lawsuit
Our dangerous drug lawsuit lawyers will help you file your lawsuit. To get started, you can:
- Submit the Free Case Review Box on this page, or
- Call (866) 280-3417 any time of day to tell us about your case.
We will listen to your story and answer your questions. If you have claim, we will start immediately.
WARNING: There are strict time deadlines for filing lawsuit claims.