Idaho Parents Pursue Lawsuit Against GlaxoSmithKline On Behalf Of Their Child

Parents in Idaho are claiming that their son's birth defect was caused by the drug Zofran. The parents of a child living in Idaho have filed a lawsuit against both GlaxoSmithKline (GSK) and Sandoz Inc, alleging that their child’s birth defects were caused by the drug Zofran.

baby whose mother took Zofran The child in question was born in 2007. Prior to his birth, an ultrasound confirmed that he suffered from craniofacial defects including a cleft alveolus and ear deformities. He has had to undergo multiple surgeries to correct his defects including an alveolar bone graft. The complaint reads, “His birth defects impair his ability to develop fully and enjoy life both at home and at school because he lives with a craniofacial birth defect that subjects him to teasing and bullying.”

His family is seeking compensatory damages, equitable relief and any other relief deemed appropriate by the courts from the defendants.

Zofran: The Anti-Emetic

Zofran was first introduced to the medical community in 1991 after the drug received its approval from the U.S. Food and Drug Administration. What wasn’t commonly known by doctors at the time was that the FDA approval only covered the administration of the drug to patients being treated for nausea and vomiting after chemotherapy and radiation or anesthesia.

GSK proceeded to market the drug to OB/Gyns across the country as a treatment for nausea associated with morning sickness that was safe for both the expectant mother and her unborn child. Since they first began that campaign, the company has allegedly received over 200 medical reports indicating that children born to mothers who took Zofran had been diagnosed with birth defects.

The Ongoing Litigation

Currently, there are over 60 lawsuits filed against GSK, all alleging that Zofran caused a birth defect in an unborn child. Birth defects named in the complaints include transposition of the greater vessels (TGV), atrial septal defect (ASD), ventricular septal defect (VSD), cleft lip, cleft palate, and clubfoot.

In mid-October, the Judicial Panel on Multidistrict Litigation announced that after hearing arguments from both the plaintiffs and defendants, they had decided to consolidate all Zofran lawsuits into MDL 2657. MDL 2657 will be tried in the District of Massachusetts before U.S. District Judge F. Dennis Saylor.

This consolidation does not prevent new complaints from being filed and the number of plaintiffs is expected to grow rapidly. The trial dates have not yet been announced.

About Laurence Banville

Attorney Contributor:

Laurence P. Banville, Esq. is the managing partner of Banville Law. He is a regular contributor on several topics including negligent security cases, child sexual abuse and Dram Shop and liquor liability cases.

This article was fact checked prior to publishing by this author to ensure compliance with our rigorous editorial standards. We will only use authoritative sources. Our values compel us to provide only trustworthy information. If you find an error, please contact us.

View All Posts