There are thousands of women who took Zofran that could still pursue legal action.

baby who was born after his mother took Zofran
There are nearly 4 million births each year in the United States every year. Of those, 10%-15% of the mothers suffer from a common condition known as morning sickness and are treated with anti-nausea medications. That means on average 400,000 - 600.000 children are exposed to anti-nausea in the drugs while still in the womb. The most popular of those drugs is Zofran.

The Rise Of Zofran

Zofran has been on the market since 1991. The drug, which is produced by GlaxoSmithKline (GSK), was approved by the U.S. Food And Drug Administration for the treatment of nausea and vomiting post anesthesia, chemotherapy, and radiation.

GSK decided that, even though the drug had not been approved for the treatment of morning sickness, they would proceed to market the drug for this use anyway. Their advertising campaign used words such as “safe” and “effective”. Doctors throughout the country prescribed the drug "off-label" to thousands of expectant mothers, not realizing that the drug hadn’t been deemed safe for the mothers and their child.

It wasn’t long before Zofran became the most commonly prescribed anti-nausea medication to treat morning sickness.

The Birth Defects

Hundreds of parents have come forward, each one alleging that the drug caused a birth defect in a child while it was still in the womb. Defects have included atrial septal defect, ventricular septal defect, tetralogy of fallot, transposition of the greater vessels, cleft lip, cleft palate, clubfoot, and kidney defects. The majority of the children affected by these conditions have undergone necessary surgeries and physical therapy, and will likely require medical care of the rest of their lives.

Complaints Filed Against GSK

Today, over 200 lawsuits have been filed against GSK alleging that the company unlawfully promoted their drug “off-label” and failed to inform doctors and parents of the risks associated with the drugs. The plaintiff’s goal is to raise awareness about the risks associated with the drug and obtain compensation for their children’s medical expenses.

Given that hundreds of thousands, if not millions, of women were prescribed the drug over the past two decades, the number of lawsuits is expected to grow rapidly.

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.

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