The drug Zofran has recently seen a surge of lawsuits being filed against its manufacturer, GlaxoSmithKline (GSK), all with similar allegations that the drug causes child birth defects. Today, Monheit Law received news that another family has decided to seek justice. According to InjuryLawyer-News, a family from Bismarck, North Dakota filed suit alleging that Zofran caused their son’s “severe birth defects.”
Our lawyers are currently seeking the pleadings filed by the family for more information and we will bring that information to you via a lawsuit summary on ZofranLegal.com.
The Facts Of This New Zofran Lawsuit
The plaintiff in this matter took Zofran via IV and pill during her first trimester of pregnancy to treat her severe pregnancy related nausea. She gave birth to her son in 2007. Her son was diagnosed with several kidney issues, specifically:
- born with one kidney
- malformation of vas deferens
- kidney damage
- absence of “connective kidney tissue” (this prevents kidney transplants)
The facts continue to outline that in 2013, the plaintiff’s son was in an accident that damaged the one remaining kidney to the extent that it operates at 38% function. The new lawsuit outlines the life long effects this defect will cause by stating that doctors have ruled out any sporting activities, and due to his vas deferens defect, he may not be able to have children in the future.
The Basis of the Lawsuit
Like the 20 other lawsuits filed across the United States to date, this lawsuit alleges that Zofran caused the birth defect. All lawsuits to date are filed based on allegations that:
- GSK knew or should have known about the risks
- GSK failed to warn of the risks of fetal exposure to Zofran
- GSK promoted the drug off-label without warnings
- Epidemiology studies have linked Zofran with a more than doubling of the risk of specific defects
In this North Dakota lawsuit, the plaintiffs allege that had they known about the risks and had GSK not concealed this information, the mother would never have taken the drug and her son would not have suffered the aforementioned child birth defects.
For a full listing of all lawsuits filed around the U.S. visit this article here which covers each state.