Zofran Lawsuit


If you’re a mom, we can guess that the sweet little child you created is likely the most precious thing in your life. That’s why, as a parent or parent-to-be, the health and wellness of your baby is the most important part of your world. At McIntyre Law, we’re parents, too. And, we’ve seen too many babies harmed by medical mistakes or wrongly prescribed medications. If you were prescribed Zofran to treat pregnancy-related nausea and your child has certain birth defects, we’re going to help you get the compensation that both you and your baby deserve.

The most serious birth defects associated with Zofran include musculoskeletal anomalies, mouth deformities like a cleft palate or cleft lip, jaundice and heart defects. If your child has been diagnosed with any of these, and if you took Zofran during your pregnancy, contact us today.

Zofran has been used for decades to treat chemotherapy-related nausea. However, more recently, it became a popular drug for post-operative nausea and vomiting. Doctors also began to prescribe Zofran for pregnancy morning sickness relief. Several reports are now suggesting that women who took Zofran during pregnancy are more likely to give birth to babies with developmental defects, malformations or have pregnancies that could result in infant death.

What is Zofran?

Zofran (generic name: Ondansetron) was originally approved by the U.S. Food and Drug Administration to prevent nausea and vomiting caused by chemotherapy treatment for cancer or other surgery-related nausea. It works by blocking the action of serotonin, which is a natural substance that could cause nausea and vomiting. Although the FDA has not approved the use of Zofran to ease morning sickness in pregnant women, some doctors have prescribed it for that purpose.

Zofran and Pregnancy

It is common for pregnant women to experience some nausea. However, about 10% of pregnant women experience nausea that is so severe that a doctor will recommend anti-nausea medication. Zofran can be administered either as a tablet or an injection, but pregnant women are generally given the oral tablet to take twice a day.

The most crucial part of an unborn baby’s development takes place during the first 12 weeks in utero, which is also when most women experience the greatest amount of nausea, or morning sickness. Although doctors have a legal duty to inform a patient about the risks associated with Zofran for pregnant women, they are still allowed to prescribe it as they feel necessary. Zofran birth defects can include:

  • Musculoskeletal anomalies
  • Mouth deformities like a cleft palate or cleft lip
  • Jaundice
  • Heart defects

There have also been reports that pregnant women, themselves, have experienced Zofran side-effects. These Zofran side-effects include:

  • Rashes, hives, itching
  • Shortness of breath
  • Body swelling
  • Constipation
  • Irregular heartbeat
  • Dizziness
  • Fainting
  • Difficulty breathing or swallowing

While studies have been inconclusive with respect to the effects of Zofran and pregnancy and unborn babies, not enough studies have taken place. A physician representative from Motherisk, a Canadian organization that assists pregnant women, has said this:

“Here is a drug not meant for pregnancy, given in pregnancy, with no data. So how do you know it’s safe for a baby? It’s an extrapolation that doctors do.”

Some documented cases of babies born with defects after the mother took Zofran during pregnancy include:

  • Two fetal deaths
  • Six infants with fetal growth restriction (or IUGR), which means that there was very poor growth in the womb; several of these babies were only four pounds at birth
  • One baby with musculoskeletal abnormality
  • Heart defects and malformed kidneys in several infants
  • One baby with mouth deformity, jaundice, heart murmur, heart defects and a hole in the heart

Zofran Lawsuit

The U.S. Department of Justice filed a Zofran lawsuit against GlaxoSmithKline (GSK), the manufacturer of Zofran, because the company allegedly promoted off-label use of Zofran and other drugs. While few specific cases are filed as yet with respect to Zofran and pregnancy for birth defects or heart issues, the 2012 claim resulted in a $3 billion settlement.

Presently, there are several cases pending that allege that Zofran and pregnancy caused defects to unborn babies. In early 2015, a Minnesota woman filed a case alleging that she had two children with heart defects after taking Zofran. As well, a Massachusetts mother claims that after taking Zofran in her first trimester of pregnancy, her baby was born with multiple heart defects, facial deformity, webbed toes and other birth defects.

The Massachusetts case claims that GSK hid from providers and consumers that taking Zofran in pregnancy could cause birth defects. As well, it’s alleged that the manufacturer fraudulently promoted the drug to physicians and patients specifically to treat pregnancy-related nausea.

What if I need a Zofran Lawyer?

We are now accepting Zofran lawsuits across the nation in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

Our experienced personal injury team is staffed with Zofran lawyers ready to take on your case.

What to do if you experience Zofran birth defects

If you are pregnant and taking Zofran, contact your physician immediately. Your provider might not be aware that the drug is suspected of causing serious birth defects.

If you or a loved one have already suffered Zofran birth defects, you may be eligible to participate in a Zofran lawsuit; we will work hard to help you recover damages. A Zofran lawsuit will seek recovery for physical injury, pain and suffering, and medical expenses for you and your child. Please contact us to speak with an Oklahoma Zofran lawyer for a free, no-obligation consultation by filling out our contact form, or by calling us toll free at (877) 917-5250.

What if I Have Suffered Side-effects from a Drug Other than Zofran?

If you’ve never taken Zofran, and are not eligible to participate in a Zofran lawsuit, you should be aware that numerous other drugs have been recalled, and have caused injury to many people. The McIntyre Law team is helping people with several of these drug lawsuits. Please see our other drug information pages to find out if you are affected by any drug recall:

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