A Zofran birth defect lawsuit was recently filed in North Dakota. The lawsuit alleges that Zofran’s manufacturer, GlaxoSmithKline, violated consumer protection laws and failed to warn about dangerous potential side effects associated with taking the medication.

The Zofran lawsuit claims that Zofran caused their son’s severe birth defects. The lawsuit alleges that the plaintiff took Zofran via an IV and in pill form during the first trimester of her pregnancy.

In 2007 the plaintiff’s doctor prescribed her Zofran to treat the severe morning sickness she was experiencing. When she gave birth to her son he was diagnosed with serious kidney issues.

He was born with only one kidney, suffered from malformation of the vas deferens, had kidney damage, and an absence of connective kidney tissue which prevents successful kidney transplants. When he was six, the boy was involved in a serious accident, which caused his remaining kidney to become damaged.

The kidney is now only 38% functional, the lawsuit says. Due to this, the boy will have long-term health consequences.

Doctors have stated that the boy will not be able to participate in any sports and that it is unlikely he’ll ever be able to have a biological child due to the damage to his vas deferens. The Zofran lawsuit is asking for monetary damages to compensate the boy and his family for the suffering they have had to endure due to Zofran.

Overview of Zofran Lawsuits

Zofran is a popular anti-nausea medication generally prescribed to treat patients undergoing chemotherapy or surgery. Zofran has not been FDA-approved to treat morning sickness in pregnant women but many doctors have prescribed the medication for this use.

It is not illegal for doctors to prescribe medications for off-label uses but it is illegal for drug manufacturers to market medications for non-FDA approved uses.

At least 20 other Zofran lawsuits have been filed. These lawsuits generally allege that GlaxoSmithKline knew, or should have known, of the risks involved with using Zofran while pregnant, that the manufacturer failed to warn consumers about those risks, and promoted the medication for off-label (non-FDA approved) uses. The lawsuits also suggest that research shows that taking Zofran while pregnant can nearly double the risk of specific birth defects. Zofran birth defects include cleft lip and cleft palate, heart defects, musculoskeletal defects, and kidney defects.

Awards and settlements from Zofran lawsuits filed against GlaxoSmithKline will help victims pay both past and future medical bills. The monetary awards will also serve as a step in compensating victims for pain and suffering.