GlaxoSmithKline has been sued by an Alabama couple who allege the company’s anti-nausea drug Zofran, taken by the mother during pregnancy, caused their son to be born with severe birth defects.

Plaintiffs Alana F. and Daniel T. have filed this Zofran lawsuit on behalf of their son W.T.T. in Alabama federal court, alleging their child’s congenital heart defects were caused by Alana’s use of Zofran during pregnancy.

According to the Zofran birth defect lawsuit, Alana would never have taken GSK’s anti-nausea medication had she known the drug posed a risk to her unborn child.

Zofran During Pregnancy

Like many women, Alana suffered from morning sickness during her pregnancy (more specifically, during the first trimester when the fluctuation of hormones can cause dizziness and vomiting), prompting her physician to prescribe her Zofran to combat the nausea.

Zofran is only FDA approved to treat nausea and vomiting experienced by patients undergoing chemotherapy or surgery, and is not an approved treatment for morning sickness.

However, according to some reports, GSK has allegedly strongly promoted Zofran for morning sickness, despite the lack of federal approval. While doctors are allowed to prescribe medication off-label, or for non-FDA approved purposes, it is illegal for companies to promote the drugs for off-label purposes.

Alana’s son is not the only child to allegedly be born with birth defects caused by the mother’s use of Zofran while pregnant. If you used Zofran during pregnancy and your child was born with a birth defect, you may be entitled to compensation.

Alabama Couple’s Zofran Birth Defect Allegations

Alana and Daniel’s birth defect lawsuit claims their son was born in 2011 suffering from significant heart defects. Immediately after his birth, W.T.T. was examined by pediatricians who found that he had three separate holes in this heart. He was subsequently diagnosed with atrial septal defect.

W.T.T. required hospitalization for the first two months of his life, and by 2015 he was required to undergo surgery to repair the Zofran heart defect that had grown to 15mm x 17mm.

Because W.T.T. has no family history of congenital heart birth defects, Alana and Daniel allege their son’s condition is a direct result of his in utero exposure to Zofran.

Because GSK allegedly concealed its knowledge of Zofran birth defects, W.T.T. has suffered injuries that “have compromised his quality of life on a permanent basis and will most likely result in a reduced life expectancy,” his parents claim.

This Zofran birth defects lawsuit bring several allegations against GSK, including claims of negligence, liability under Alabama Extended Manufacturer’s Liability Doctrine, breach of implied warranties, fraudulent misrepresentation, fraudulent concealment and suppression, and negligent misrepresentation.

The plaintiff couple in this suit are seeking relief from GSK in the form of compensatory damages, medical, incidental, and hospital bills, damages of W.T.T.’s past and future medical expenses and future loss of income, compensation for mental and emotional distress, punitive damages, payment of attorney’s fees, and other forms of relief deemed fit by the court.

The Zofran Birth Defects Lawsuit is Case No. 2:15-cv-01638-RDP, in the U.S. District Court for the Northern District of Alabama.