A Florida couple filed a personal injury lawsuit against pharmaceutical company GlaxoSmithKline (GSK) on Nov. 6. They alleged that their son suffered birth injuries after his mother was prescribed Zofran, a GSK drug, during her pregnancy.
The lawsuit claims negligence and intentional misrepresentation on GSK’s part, among other charges. The couple is seeking compensatory and punitive damages from the company. They also hope the case will help raise awareness about the alleged dangers of the drug.
The couple’s son was born in 2006 with a bilateral cleft lip and palate. He has undergone a number of surgeries and received specialist care in three different states so far. According to the lawsuit, the birth defects have affected the child’s development and interfered with his quality of life.
Zofran is a drug developed by GSK and approved by the U.S. Food and Drug Administration to treat patients with severe nausea that usually results from radiation therapy or chemotherapy. However, the drug is widely prescribed to pregnant women across the United States to treat pregnancy-related nausea and vomiting, commonly known as morning sickness. Zofran was allegedly never approved for this use and a number of reports have claimed an association between Zofran and birth defects.
The couple’s lawyer said, “Despite having received hundreds of reports of birth defects associated with Zofran and continuing strong sales to pregnant women, GSK has not performed any clinical studies on the safety or efficacy of Zofran for treating morning sickness.”
It is important to note that determining fault can be more complicated than it might seem. If your child was injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.
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