Do You Qualify For A Lawsuit Against Zofran?
Posted by Lawsuit Information on July 3rd, 2015
Mothers who were prescribed Zofran as an antinausea medication may qualify for a lawsuit against the manufacturer. However, if you were prescribed the drug for it’s FDA approved purposes which are for anti-nausea after an operation or after radiation or chemotherapy, you may not qualify for a lawsuit. Many pregnant mothers have been prescribed Zofran in their first trimester to help with severe morning sickness which is also referred to as hyperemesis gravidarum.
Zofran has been linked to problems for both mothers and fetuses. When taking any drug you should always be sure to research the possible side effects and read online about other people’s experiences. If you ever experience a strange new symptom from taking a drug or it doesn’t work, you should also always contact your doctor immediately. Like many drugs, Zofran has very serious and potentially fatal complications associated with it that can be fatal. Moreover, there are many interactions that are very serious that can occur with other medications, supplements and medical conditions. If you know someone who may have been taking this and had an adverse side effect, tell them immediately to consult with their doctor. If you know someone taking it or you yourself are, please be aware that this drug also causes extremely serious and harmful birth defects and is a high risk drug. Even women who may become pregnant need to know about the tragic truth of this drug that is being marketing to so many doctors and pregna
nt woman ‘off label.’ Please share the information with people so they know that it has been shown to increase birth defects 30%.
Let’s be very clear that the only use the FDA has approved Zofran for is for cancer patients undergoing chemotherapy and radiation and for people who have had surgery and may become nauseous from the pain medication. It’s important to know that what Zofran has done is highly illegal. Marketing a product as safe for something it wasn’t not approved for is called false advertisement. The company that makes Zofran, GlaxoSmithKline is extremely large, one of the biggest in the world. They are well aware that this drug is not safe for mothers and their unborn babies but they selfishly still market it to doctors to prescribe to mothers for morning sickness.
Most of the lawsuits concerning Zofran are regarding it’s illegal promotion to pregnant mothers who were experiencing morning sickness. The drug ondansetron is the main active ingredient in the drug Zofran which is marketed to mothers illegally. There are other brands that sell this drug as well but the manufacturer of Zofran, GlaxoSmithKline, has been involved in many lawsuits for other drugs as well. This company has a history of concealing important information from the public and misleading doctors about safe uses.
This drug has been shown to have very adverse effects on animals including toxicity. The company actually knew that there were risks to the fetus but withheld that information from the public. The reason we know the company was aware they were trying to get their drug under the radar even though it was unsafe is because they did not report the toxicity in animals that testing found. They also were fined 3 billion dollars in 2012 because of illegally marketing the brand to pregnant women and their doctors.
The history with this company gets worse though. There are many allegations against the drug because the company claimed it was safe for pregnant women when proper testing hadn’t proved it. This company has made a bad drug and they aren’t owning up to it. The animal tests even showed it was toxic and caused problems with bone growth.
Specific Lawsuits Against Zofran
One of the major lawsuits against Zofran was called LeClair v. GlaxoSmithKline and occured in February 2015. This lawsuit was filed by a woman whose child was born with very severe birth defects. Originally the woman who filed the lawsuit had been prescribed it, as many women are, for extreme morning sickness. She did not know about the risks for her unborn child, she just wanted to get rid of her morning sickness and hoped she wouldn’t become malnourished and her baby wouldn’t because of the vomiting. In filing this lawsuit, she has brought attention to the issues so other women can be aware of them.
This poor mother suffered financial and emotional trauma and her daughter suffered from birth defects. Her poor daughter has already had to have ten surgeries in the first twelve years of her life. That is a staggering number. Unfortunately there were so many things the doctors had to help her with, it was the only way they could try to help her lead a normal life. She had webbed feet and holes in her heart when she was born. She had facial deformities, a groin hernia and strong sensitivity to light. Imagine how hard it was for both the daughter and the mother to manage all of these issues and still provide for the family and try to attend school. The daughter had low set ears, hearing loss and facial dysmorphia as well. The mother, rightfully, sued for punitive damages and requested compensation for the costs she had to cover. Her poor daughter had to grow up in a hospital with issues like inguinal hernia where her intestines protruded into her groin.
The mothers names was Tomisha LeClair and she wants other mothers or women who will become mothers to know they should not take this drug. Of course she would have never taken the drug if she would have known the risk and she hopes her story can reach others before it’s too late. She accused GlaxoSmithKline, rightfully, that they had withheld information that could have allowed her baby to be born healthy.
Here is the sad reality. This big pharmaceutical company, GlaxoSmithKline has already profited in the millions of dollars off of Zofran. Unfortunately there are more than a million women taking this drug or the other brands of this drug each year and they have no idea about the risks. The company knows they are marketing the drug illegally because of the three billion dollar settlement they paid for false advertisement in 2012. The public needs to know that this company plead guilty to claims of fraudulence.
Another major lawsuit against Zofran was the US Department of Justice v. GlaxoSmithKline in 2012. This was no small case, in fact it was the largest settlement in the history of all fraud cases in the healthcare industry. The settlement was the largest that has ever been seen for a drug company. The Department of Justice brought allegations against the company that were civil but also some that were criminal. The lawsuit included other drugs the company has produced and was not just about Zofran. The result was somewhat unfortunate although it made a big statement, the company is still at large. The company plead guilty to both fraud and criminal behavior. This three billion dollar settlement was
Mostly these allegations that were brought against the manufacturer were for two main things. First the company had marketing the drug illegally for unapproved purposes. Secondly, they marketed it as safe for mothers knowing that it has very harmful side effects. There is more story to the corruption though. The company was paying doctors to prescribe this. They were giving kickbacks to get these doctors to give an unsafe drug to women claiming it would help them. This is a serious allegation and is serious criminal behavior.
The three billion dollar payout was paid to states and the federal government for what is called ‘civil liabilities.’ Lawyers expect many more lawsuits to develop against Zofran. This is only the beginning. This information is spreading and as the public gets a hold of it, more people will come forward with their stories who deserve compensation. The very first lawsuits specifically over birth defects were only recently in February of 2015 so there is still a long way to go on this.
If you believe you have a case against the manufacturer this drug is on the radar of many legal companies who will be able to assist you in the process of filing your lawsuit. You don’t have to do it alone. These cases are not only to cover the cost of injuries for the babies but also for the mothers. If you believe you or a loved one has been harmed by this drug, do not hesitate to speak to a qualified lawyer for a free consultation. They should not charge you to speak about your situation and they should only receive compensation if you do get a settlement.
Remember you probably are eligible to file a lawsuit if you took Zofran while you were pregnant and your baby experienced birth defects. You will need documentation of the evidence and your lawyer can help you with that. There are two options for you. You may choose to file an individual lawsuit or you may choose to be a part of a class action lawsuit. It’s important that we share this information with people who may not be aware that they are eligible for compensation. If you know a mother who had a child born with birth defects, please share this information with them. If you know someone whose child had any birth defects such as cleft lip, cleft palate, underweight, premature, had heart problems, clubfoot, kidney problems or other birth defects like poor circulation, encourage them to file a lawsuit to help cover their emotional and financial costs. Punitive damages are also considered for these types of cases as well and aim to hold the company responsible for acting without regard for human welfare. The
re are many costs associated with birth defects such as time away from work, stressed relationships, therapy, cost of surgery and more.
Even if you are not pregnant you should very carefully and weigh your decision to take Zofran even for it’s prescribed uses. Be careful to consult with your doctor about your family medical history and your personal medical history. People with genetic or known heart problems should not take the drug. People taking certain Parkinson’s medications should not take the drug. There are many drug that react badly with Zofran so you should make your doctor go over all of this with you. Furthermore you need to discuss which supplements you are taking. Remember one of the leading causes of death is complications from interactions with prescription drugs.
Help the people you love make informed decisions about what they put into their bodies. The more we support each other and talk about this, the less the greed of the corporate world will take advantage of the masses. We must research and share information in our communities so we do not become victims. No one wants to see a child born with birth defects so please do your part to get this information out there to families and mothers to be.
