A Texas woman has filed a Zofran lawsuit on behalf of herself and her son, who she claims was born last year with serious brain and heart birth defects due to her use of the drug during the first trimester of pregnancy. Among other things, the lawsuit accuses GlaxoSmithKline of fraudulently marketing Zofran off-label as a safe and effective treatment for morning sickness.

Zofran Pregancy Allegations

According to the April 17th complaint, the baby’s mother began taking Zofran early in the first trimester of pregnancy to alleviate nausea and vomiting she was experiencing due to morning sickness. Following her son’s birth, he was diagnosed with congenital heart and brain defects and numerous other congenital defects, which the lawsuit alleges was a direct and proximate result of his prenatal exposures to Zofran. As a result, the child has suffered developmental delays and likely faces a long road of multiple surgeries to try and correct many of Zofran birth defects he sustained.

The lawsuit points out that the boy’s family has no history of birth defects, and no anomalies were found during genetic testing. His older sibling – who was not exposed to Zofran in-utero – was born without any similar health issues.

The complaint further claims that Glaxo’s alleged representation of Zofran as a safe and effective treatment for morning sickness was fraudulent, as the company had never conducted any human studies to determine its effects on a developing fetus. In fact, the complaint asserts that animal studies conducted in the 1980s indicated that the drug’s active ingredient could cross the placental barrier in pregnant mammals, and also showed evidence of toxicity, intrauterine deaths and malformations in offspring. The lawsuit also claims that since 1992, Glaxo has received numerous reports of Zofran-related birth defects.

Finally, the Zofran lawsuit points out that in 2012, Glaxo agreed to pay $3 billion to resolve charges filed by the U.S. Department of Justices that involved the marketing of several drugs, including allegations that the company illegally promoted Zofran as a treatment for morning sickness.

Contact a Zofran Lawyer Today

The Texas complaint is just one of several Zofran birth defect claims filed in U.S. courts in recent months. If your child was exposed to this drug prior to birth and was born with a serious heart defect, cleft lip or cleft palate, or any other congenital abnormality that may be associated with its use, please call 1-877-779-1414 to learn more about filing your own Zofran lawsuit.

Published April 30, 2015 by