Our firm is currently reviewing Zofran Birth Injury Cases. Zofran is an anti-nausea drug that was originally developed to help chemotherapy patients combat nausea. However, the drug has also often been prescribed to help with morning sickness during pregnancy. Unfortunately, the drug was never approved for this type of use and multiple lawsuits have been filed alleging that unborn children exposed to Zofran during pregnancy have an increased risk of heart defects, cleft palate, cleft lip and other congenital injuries. The suits also state that the manufacture of the drug failed to warn the medical providers and mothers about these side effects. As part of a federal civil and criminal complaint investigation, it was alleged that the manufacturer, GlaxoSmithKline, promoted this “off-label” use despite there being no FDA approval and paid kickbacks to physicians to prescribe the drug. GlaxoSmithKline never admitted wrongdoing in its promotion of the off label use of Zofran. However, GlaxoSmithKline entered into a civil and criminal settlement in 2012 with the government which included resolution of civil claims related to the use of Zofran as well as many other allegations related to marketing of other pharmaceutical products. As part of this settlement, the largest health care fraud settlement in U.S. History, GlaxoSmithKline agreed to pay over 3 billion ($3,000,000,000.00) dollars in fines, forfeiture and civil claim settlements and plead guilty to a three-count criminal information regarding counts of introducing misbranded drugs, Paxil and Wellbutrin, into commerce and the failure to report saftey data regarding another one of its drugs, Avandia, to the FDA. If you have taken Zofran during pregnancy, please feel free to call our office to discuss your options. We have also put some frequently asked questions below to give you a little more information about the claims surrounding Zofran.
I TOOK ZOFRAN WHILE PREGNANT WHAT SHOULD I DO?
Don’t panic. If you are still pregnant you should discuss any concerns you have with your doctor. He or she can explain the risks and help you with any concerns. If you had an uncomplicated birth and a healthy child then you really shouldn’t worry. I would suggest talking to your pediatrician to make sure there are no health issues such as an undiagnosed heart defect. However, if you took Zofran for morning sickness and your child was born with heart issues, a cleft lip or cleft palate we would suggest you contact our office. You should also go to your pharmacist and obtain any records you have of medications taken during pregnancy. If you have trouble getting these records we can help.
WHAT ARE THE LAWSUITS INVOLVING ZOFRAN CLAIMING?
The lawsuits against the manufacturer of Zofran, GlaxoSmithKline, set forth allegations that go far beyond just unintended injuries from the drug. The allegations include claims that GlaxoSmithKline decided to illegally market this drug while at the same time they withheld important warnings about the link between Zofran and birth defects.
WHAT IF I TOOK THE DRUG SEVERAL YEARS AGO?
As most everyone knows each state has a time limit to file a lawsuit. However, in Tennessee, the statute of limitations is tolled if the injured person is under eighteen (18) years old. As such, if your child has one of these injuries and they are nineteen (19) years old or younger, it is possible they still have a claim. As with any case, the longer you wait, the more difficult it is to put evidence together so we suggest you contact a Nashville Zofran lawyer as soon as possible.
WHAT DOES IT COST TO HIRE A ZOFRAN LAWYER
We take these cases on a contingent fee basis. This means that you don’t have to pay anything unless a recovery is made. If a recovery is made, our fee will be based upon a percentage of the money obtained plus costs incurred.