In the latest lawsuit filed against drug manufacturer, GlaxoSmithKline, the parents of a child from Texarkana, Bowie County, Texas allege that Zofran caused their child’s severe congenital birth defects, placed stress on their family, and will require additional care as the child grows. This is one lawsuit in a list of several that have been filed since February 2015, where similar allegations have been made. For a summary of each case, visit our recent cases page.
To view the original complaint, click on the button below.
What Child Birth Defects Were Blamed On Zofran?
In this complaint, filed under case number: 5:15-34 in the United States District Court For The Eastern District of Texas, Texarkana Division, the mother of B.C.W. (as referred to in the complaint) is seeking compensation for her child and herself against GSK alleging that Zofran was the proximate cause of her child’s birth defects, and that GSK fraudulently concealed information about known birth defect risks, which had the plaintiff known, would have caused her to not take Zofran.
The Plaintiff gave birth to B.C.W. in 2014 after a difficult pregnancy where the plaintiff suffered from extreme morning sickness. The plaintiff began to take Zofran (Ondansetron) in her first trimester after being prescribed it by her doctor to help alleviate her nausea symptoms. Upon delivery, B.C.W. was diagnosed with:
- a heart murmur (also known as a septal defect)
- fluid on the brain
- thickened arteries, and
- multiple developmental delays
Pain & Suffering Claimed By Parent For Zofran Child Birth Defects
The complaint continued to outline the horrific pain and suffering endured by her baby, B.C.W. by describing his initial treatment after childbirth. Immediately after birth, B.C.W. had extreme difficulty breathing and as a result was placed on a ventilator. Her child was kept in the N.I.C.U. for an extended period of time due to his inability to ingest nutrition. The complaint also stated that the family anticipates B.C.W. having to endure further hardship by way of future surgeries that he will need in order to enhance his quality of life and help deal with his many congenital birth defects. The plaintiff also stated that she has no family history of birth defects and B.C.W. has undergone extensive genetic testing which returned a negative result for any genetic anomaly. In addition, the plaintiff previously gave birth to a completely healthy son.
A Summary Of New Information In Zofran Lawsuit Complaint
As mentioned earlier, there have been several lawsuits already filed in the Zofran litigation. While every case is similar, all follow a similar theme by way of alleging that:
- Zofran was the proximate cause of congenital birth defects;
- GSK fraudulently concealed facts and information from mothers and the health community about the safety risks of Zofran;
- GSK failed to comply with their duty of exercising a reasonable standard of care;
- GSK failed to warn of known birth defects associated with Zofran
However, in this complaint, the attorneys representing the plaintiff introduced new facts that they discovered during their research, which were:
- GSK is under investigation in China for bribing doctors to prescribe its products and using travel agencies to cover up the practice. The complaint noted that GSK has admitted to some instances of bribing doctors in China in saying that “it appears that some senior executives in China appeared to have violated Chinese Law.” (Source: http://www.gsk.com/media/press-releases/2013/gsk-statement-regarding-recent-meeting-withchinese-authorities.), and
- the complaint also stated that: “Between 1991 and 2012, GSK offered and paid illegal remuneration to health care professionals to induce them to prescribe Zofran”.
For more information on Texas child birth defect statistics, and new Zofran lawsuits filed in the state of Texas, visit this link: http://zofranlegal.com/texas-child-birth-defect-statistics-zofran-lawsuits/