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Michael Monheit
Michael Monheit
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In New Zofran Lawsuit, Alabama Family Says Drug Caused Heart Defects


On September 9, 2015, another family stepped forward against GlaxoSmithKline, claiming the company’s anti-nausea drug Zofran caused their daughter’s congenital heart defects.

Joining at least 56 other families to file a Zofran lawsuit, the parents brought their claim in the US District Court for the Northern District of Alabama, Southern Division. The family resides in Elba, a small city 80 miles south of Montgomery.

A copy of the court documents, registered under case number 2:15-cv-01552-TMP, has been made public on ZofranLegal.com.

The website is sponsored by an alliance of leading trial attorneys. Led by Monheit Law, the lawyers are currently offering free consultations to parents who believe Zofran may have caused a child’s major birth defect. Parents can call 1-877-620-8411 for more information.

Alabama Parents Claim Zofran Exposure Led To Daughter’s Heart Defects

Like tens of families before them, the Alabama parents claim their unborn daughter’s exposure to Zofran began early in the first trimester of pregnancy. At this time, fetal organs are undergoing crucial development, and cardiac tissues are just beginning to form. The mother says she took the drug as directed by her doctor well into the second trimester.

Their daughter, named C.L. in the complaint, was born on January 24, 2013. Citing records taken by the treating physician, Plaintiffs allege that C.L. was born “with multiple congenital anomalies.” An echocardiogram examination immediately after her birth revealed evidence of a heart defect, the parents write. Court documents provide no detail on what type of heart defect the child may suffer from.

However, it is clear from Plaintiffs claims that C.L.’s heart defect was particularly severe. The girl underwent a surgical procedure at only 8 months old, and according to her parents, more invasive interventions are expected in the future.

Zofran And Heart Defects

Zofran has been linked to the category of “cardiac septal defects” by several major studies. These abnormalities are often referred to as “hole in the heart” defects, because they involve gaps or openings in the walls between heart chambers.

Atrial septal defect, ventricular septal defect and atrioventricular septal defect have all been named in previous Zofran lawsuits.

Zofran Lawsuit Filed Against Generic Ondansetron Company

The family’s complaint is notable for listing Dr. Reddy’s Laboratories as a Defendant alongside GlaxoSmithKline. Dr. Reddy’s, an India-based manufacturer of generic drugs, makes an equivalent version of Zofran’s active ingredient: ondansetron.

Few Zofran lawsuits have sought damages from both GlaxoSmithKline and a generic drug company. In fact, most states expressly prohibit holding generic manufacturers to the same ethical principles, like promoting patient safety above profit, that we expect from brand name giants. This leaves generic manufacturers almost entirely free of liability for the damage caused by dangerous drugs.

Only three states recognize the legal theory of “innovator liability.” In Vermont, Illinois and California, victims are allowed to sue brand name companies for injuries caused by generic products. A recent bill ended the recognition of innovator liability in Alabama, only one month after Plaintiffs filed their Zofran lawsuit.

Alabama currently leads the pack in terms of cases filed, with at least 8 Zofran lawsuits.

Families Still Have Time To File A Zofran Lawsuit

Any parent who was prescribed Zofran during the first trimester and delivered a child with birth defects may be able to file a lawsuit.

Contact the experienced attorneys at Monheit Law today for a free consultation. Call 1-877-620-8411 to learn more about your legal options

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