Latest Zofran Child Birth Defect Lawsuits
29 October 2015

As Zofran Litigation Progresses, Arkansas Mother Claims Drug Caused “Numerous” Birth Defects

On September 14, 2015, a family from Arkansas united with the more than 60 other parents who have filed Zofran lawsuits. Brought by a mother on behalf of her son B.H., the new claim says prenatal exposure to Zofran caused the boy to develop multiple “severe congenital defects.”

The mother has chosen to bring her lawsuit in Louisiana, but she lives with her son in Cabot, Arkansas, a large city 30 minutes northeast of Little Rock. A copy of court documents, filed under the case number 2:15-cv-04399-SM-DEK, can be viewed below:

View Complaint: 2:15-cv-04399-SM-DEK

At least four other lawsuits have been filed in Louisiana District Courts. The entire Zofran litigation, however, is likely headed to Boston as part of MDL 2657. In mid-October 2015, a federal panel decided to “consolidate” the lawsuits for pre-trial proceedings.

Second Clubfoot Claim To Enter Zofran Litigation

According to Michael Monheit, Esq., an experienced Zofran lawyer and the lead sponsor of ZofranLegal.com, the Arkansas mother’s claim is notable for describing a host of birth defects, rather than one. While other lawsuits seek damages for children born with multiple abnormalities, few say Zofran’s alleged harm was quite this extensive.

In her own words, the mother claims B.H.’s injuries were “numerous.” Notably, she says her son, now 8 years old, was born with “bilateral club foot.” She is only the second Plaintiff to name the condition, when a baby’s feet are twisted at the ankle by abnormally short tendons.

A couple in New Jersey filed their own claim on June 26, 2015, providing extensive detail on the treatments their son required to correct his club feet.

Cleft Palate & Two Surgeries

In the Arkansas case, Plaintiff claims B.H. has already undergone two surgical procedures to repair his defects, but she doesn’t say whether either treated his club foot. At least one of the surgeries likely repaired his second abnormality: cleft palate.

Dwarfed only by the number of Zofran lawsuits claiming damages for a child’s heart defect, cleft palate has been named in at least 11 complaints to date. In 2012, a team of public health researchers from Boston and Harvard Universities found that women prescribed Zofran were more than twice as likely to have children with a cleft palate.

The mother says B.H. was also diagnosed with respiratory distress syndrome at birth.

Respiratory distress syndrome (RDS) is fairly common among premature babies, but almost unheard of in children born at full-term.

When babies are born premature, they’re lungs haven’t developed fully. Crucially, the organ isn’t yet able to produce sufficient amounts of surfactant, a gel-like substance that coats the inside of air sacs. Surfactant helps the air sacs stay open, allowing air to fill them. Without it, babies have trouble breathing and, without all the oxygen they need, may suffer organ damage.