The U.S. Food and Drug Administration (FDA) approved the use of Zofran in 1992 to help cancer patients prevent nausea following chemotherapy or after taking post-operative medication. Soon after its introduction, GlaxoSmithKline, the makers of Zofran, began marketing the drug to physicians as a useful treatment for pregnant women who suffered from morning sickness during their first trimester. Extending its use meant millions of dollars of additional revenue for GlaxoSmithKline. However, the FDA never approved Zofran for use by pregnant women and subsequent studies revealed that maternal or fetal exposure to the drug is suspected of causing birth defects, congenital abnormalities and other adverse fetal conditions.
What Are The Risks?
A recent study by the Slone Epidemiology Center and the National Center on Birth Defects and Developmental Disabilities, Centers for Disease Control and Prevention, has detected that mothers who used Zofran are twice as likely to have an infant with a cleft palate or cleft lip. Zofran has also been linked to an increased risk of atrial septal defect (a hole in the heart), ventricular septal defect and heart murmurs.
What Has Been The Fallout?
GlaxoSmithKline pled guilty in 2012 to federal charges of fraud and illegal promotion of several drugs, including Zofran. The drugmaker paid a $3 billion settlement, but this settlement did not include payments for injuries due to the use of Zofran.
The company faces additional lawsuits from families who have been adversely affected by the use of Zofran.
What Action Can You Take?
If you or a loved took Zofran during pregnancy and had a baby with a congenital heart defect, cleft palate, cleft lip or any other birth defect, you may be able to recover compensatory and punitive damages in a defective products lawsuit. The lawyers at Bailey, Javins & Carter, L.C., advocate for individuals throughout West Virginia who have suffered due to taking Zofran.
We work on a contingency basis. We don’t get paid unless you do.
Contact Our Firm For an Initial Consultation
We welcome the opportunity to review the facts of your case during a free consultation. We will help you determine if further legal action is warranted. If we do represent you in a defective products lawsuit, you will only pay attorney fees if we recover a financial settlement or judgment for you. Contact our firm to consult with our experienced defective product attorneys. We represent clients in Charleston, Huntington, Morgantown, Parkersburg and across all of West Virginia.