Latest Zofran Child Birth Defect Lawsuits
03 September 2015

In New Zofran Lawsuit, Massachusetts Parents Claim Daughter’s Heart Defects Caused By Nausea Drug

In another Zofran lawsuit, parents from Fall River and Somerset, Massachusetts say their unborn child’s exposure to the powerful nausea drug caused her congenital heart defects.

Their complaint, filed on July 22, 2015, was brought against GlaxoSmithKline in the US District Court for the District of Massachusetts.  It was logged by the court as case number 1:15-cv-13002-FDS.

A reading version of the court documents, recently obtained by ZofranLegal.com, can be downloaded by clicking the button below:

View Complaint: 1:15-cv-13002-FDS

With More Than 30 Zofran Lawsuits Filed, Future Of Litigation Unclear

At least 34 other Zofran lawsuits have been filed in Federal Courts around the country, according to a recent motion submitted by GlaxoSmithKline to the Judicial Panel on Multidistrict Litigation (JPML).

Faced by a rising tide of legal claims involving the “off label” morning sickness treatment, the international pharmaceutical conglomerate has asked for all lawsuits sharing a core of common allegations to be transferred to one court for coordinated pre-trial proceedings.

Many Plaintiffs have agreed in principle to consolidation, but the proper venue is in dispute. GlaxoSmithKline, partially based in Philadelphia’s Navy Yard, has requested the US District Court for the Eastern District of Pennsylvania. Noting that no claims are currently pending in the court, Plaintiffs have suggested a number of alternatives, including the Northern District of Alabama, where at least six Zofran-related lawsuits have been filed.

Further developments have not yet surfaced, but the JPML is scheduled to hear oral arguments on the issue in October 2015. To learn what “consolidation” means, and how the possible transfer may affect current and future lawsuits, click here.

With Life-Threatening Heart Defect, Parents Say Daughter Underwent Surgery Days After Birth

In the meantime, recent claims continue to come to light. One of the latest involves a child allegedly born with two heart defect: Transposition of the Great Vessels and pulmonary stenosis.

Born in 2008, and allegedly exposed to Zofran throughout the first trimester of fetal development, Plaintiffs’ daughter M.M. was immediately rushed from the delivery room after birth.

Her skin, the parents claim, was blue, signaling a condition called “cyanosis.” Caused by poor circulation, cyanosis is a frequent symptom of certain severe heart defects. Shortly after, an echocardiogram revealed the cause: Transposition of the Great Vessels (or Arteries), in which the heart’s main arteries are switched in position.

After flowing from to the lungs, M.M.’s blood was able to return to the heart. But rather than passing through the organ and being pumped out toward the body, her blood only returned to the lungs. Caught in this loop, the vital fluid was unable to nourish her body tissues and organs, plaintiffs claim.

TGV is a medical emergency and Plaintiffs say their daughter was operated on within five days of delivery. A recent procedure, meant to deal with pulmonary stenosis, an additional obstruction between her heart and lungs, failed to normalize her blood pressure according to court documents.

M.M. needs continuous monitoring, her parents write. Now seven years old, their daughter’s cardiologist appointments were just increased from an annual to a bi-annual basis. She allegedly struggles with learning difficulties.

Can Parents Still File Zofran Lawsuits?

Yes.

While the Judicial Panel on Multi-District Litigation is considering a consolidation of Zofran birth defect lawsuits, this would in no way restrict other families from filing their own claims against GlaxoSmithKline.

If you were prescribed Zofran as an “off label” morning sickness treatment and delivered a child with birth defects, you may be eligible to file a lawsuit.

Contact our distinguished trial attorneys for a free consultation today. There’s no cost and no obligation; just the answers you deserve.