On February 16, 2015, one family began the legal process to recover from the unthinkable pain and suffering they had to endure because of GlaxoSmithKline, who marketed Zofran “off-label” to pregnant mothers-to-be who were suffering from extreme nausea and morning sickness.
Plaintiff and Minor A.S.’s Zofran Lawsuit Against GSK
This lawsuit was filed by the mother of a child who suffered many birth defects as a result of fetal exposure to Zofran. Plaintiff, a resident of Boston, Suffolk County filed suit against super drug giant GlaxoSmithKine in federal court, USDC of Massachusetts, under case number: 1:15-cv-10429.
A.S., the claimant’s daughter, was born in 2000 with several congenital birth defects. Plaintiff was prescribed Zofran by her doctor during her pregnancy. She suffered from extreme nausea and vomiting during the first trimester of the pregnancy and had no knowledge of any risks associated with taking Zofran for morning sickness.
In addition, the complaint outlines that claimant has no family history of birth defects, and has had a successful pregnancy prior to A.S. where she did not take Zofran. Plaintiff also underwent genetic testing and the results showed no genetic anomaly.
Birth Defects Suffered By A.S. Because of Zofran Exposure
After a complicated pregnancy, A.S. was born and upon receiving an echocardiogram, doctors found evidence that A.S. was born with the atrial septal defect, right ventricular hypertension, and aortic arch hypoplasia.
Shortly after birth, additional related defects were diagnosed by her doctors. This poor child was also diagnosed with facial dysmorphia, hearing loss, low set ears, webbed toes, ingueno hernia, and sensitivity to light.
Diminished Quality Of Life Dealing With Zofran Birth Defects
The complaint against GSK continued to outline the horrendous quality of life that plaintiff and her daughter have had to endure over the last 15 years. The birth defects required extensive intrusive surgeries to correct A.S.’s congenital conditions. Specifically, she has had thirteen surgeries to date.
A.S. has had a severely reduced quality of life through no fault of her own or her mother. As a result of the defects she has suffered developmental delays, and requires additional care and attention that has greatly effected her enjoyment of normal life at school and at home.
Further, plaintiff is bringing a claim against GSK for her loss of consortium. This is a cause of action specifically to seek damages for the irreplaceable loss of love, compassion,
Damages Being Sought Against Zofran Manufacturer
The plaintiffs in this first Zofran case are claiming compensation for:
- pain and suffering
- economic and non-economic loss
- emotional distress and anguish
- medical expenses and future medical expenses
- loss of consortium
- punitive damages
How Long Will This Zofran Lawsuit Take To Go To Court Or Settle?
At the moment, it is difficult to answer this question. We suspect that there are more than 50,000 other cases out there where a child birth defect was caused by the ingestion of Zofran during the first trimester of pregnancy.
We expect there to be many more filings in the coming months as information enters the public domain about the unlawful practices of GSK in marketing Zofran with a complete disregard for human life. In mass torts cases like these, all filed cases will be consolidated to one federal court and a sample of cases will be selected to go to trial. From our experience in past child birth defect medical product cases, it can range from 2 to 4 years before the cases go to trial and a potential settlement is reached with the manufacturer.