New Zofran Lawsuit Claims California Child Born With Cleft Palate & Lip

September 29, 2015 – – As the summer of 2015 becomes a thing of the past, the tide of new Zofran lawsuits shows no sign of stopping. At least 10 complaints were filed against pharmaceutical conglomerate GlaxoSmithKline in the month of September alone. A minimum of 50 claims allege the anti-nausea drug caused major birth defects, filed in courts across the country.

The attorneys at Monheit Law, a plaintiff’s law firm based in Pennsylvania have again obtained a trove of court documents, and plan to make the filings public in the following weeks.

Returning to California, a state in which at least 3 Zofran claims have been filed, one of the most recent complaints was filed on September 1, 2015. In court documents, available at ZofranLegal.com, a mother says early pregnancy exposure to the drug caused her daughter G.A. to develop a cleft palate and cleft lip.

Plaintiffs are residents of Victorville, California, a city about one hour northeast of Los Angeles. The mother, filing the Zofran lawsuit individually and on behalf of her child, now 3 years old, have brought their claim in the US District Court for the Central District of California. It was registered as case number 5:15-cv-01780.

Marking a new trend, the mother notes a 2012 study that found a significant increase in the rate of cleft palate among babies exposed to Zofran prenatally. Previous lawsuits, including those claiming damages for a child’s cleft palate, have not mentioned this research.

Conducted by researchers at Harvard University and Boston University, the “Anderka” study used maternal interviews and birth records to analyze the prevalence of birth defects among women prescribed “off label” morning sickness treatments. The research team concluded that babies exposed to Zofran during the first trimester were more than twice as likely to be born with cleft palate.

Zofran’s active ingredient (ondansetron) remains America’s most popular pharmaceutical option for the alleviation of pregnancy-related nausea. As Plaintiff notes, it has never been approved, or studied, for this indication.

Echoing the families who came before her, the California mother accuses GlaxoSmithKline of unlawfully marketing Zofran as a “safe and effective” treatment for morning sickness. She says the company used fraudulent marketing materials in an effort to convince obstetricians and gynecologists that Zofran had been found safe during pregnancy. Her allegations are not idle speculation. In 2012, the US Federal Government leveled identical claims against the company.

But Plaintiffs have gone one step further than the Justice Department. Noting several studies that have linked the drug to birth defects, along with hundreds of alleged birth defect reports, they claim Glaxo has possessed strong evidence that Zofran could harm unborn babies for more than two decades.

Michael Monheit, Esq., managing partner at Monheit Law, notes that parties in the Zofran litigation are now awaiting a decision from the Judicial Panel on Multi-district Litigation. The federal panel of judges will decide whether Zofran-related lawsuits warrant consolidation in a single court based on their apparent similarities. A hearing in New York City is scheduled for October 1.

There is still time, however, for other families to file their own Zofran lawsuit. Any parent who was prescribed Zofran during early pregnancy and delivered a child with birth defects may be eligible to bring a claim. Monheit Law’s experienced personal injury lawyers are offering free consultations to families and birth defect survivors. Call 1-877-620-8411 for more information.

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Contact ZofranLegal.com:

Michael Monheit
1-877-620-8411
michael@monheit.com
1368 Barrowdale Road, Rydal, PA 19046

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