A new birth defects lawsuit was recently filed in federal court against GlaxoSmithKline, the pharmaceutical manufacturers of the anti-nausea medication, Zofran, alleging that the drug maker failed to warn about birth defects associated with taking the drug while pregnant.

Plaintiff Katherine T., a resident of Williamson County, Texas, filed the Zofran lawsuit on behalf of her minor child. Katherine began taking Zofran while she was pregnant with her daughter, during her first trimester to alleviate morning sickness.

She alleges in the Zofran birth defects lawsuit that taking Zofran during pregnancy caused her daughter to suffer devastating, irreversible, and life long consequences while she was developing in the womb. Katherine’s daughter was born in 2003 with severe congenital birth defects. These birth defects include a severely displaced and non-functional tricuspid, an enlarged right side of the heart, a left side of the heart that is too small, and myopathy in the heart muscle.

The Zofran lawsuit suggests that Katherine’s daughter was exposed to Zofran while in utero when these heart tissues were developing and most susceptible to defects. Katherine alleges that there is no genetic cause for her daughter’s condition and the family has no medical history of any of the conditions her daughter is suffering from.

Post birth, Katherine’s daughter was required to spend a month in the neonatal intensive care unit (NICU). Because of the severity of the heart defects and a low chance of survival, doctors do not recommend surgery to fix the defects. Eventually Katherine’s daughter will require a heart transplant once her chances of survival become so low that the benefit of surgery will outweigh the risks.

Katherine alleges that had she been aware of the dangerous risks associated with using Zofran while pregnant she never would have used the medication to treat her morning sickness.

The Zofran lawsuit alleges claims for negligence, strict products liability, fraudulent misrepresentation, and breach of warranty.

Katherine is seeking both compensatory and punitive damages. Punitive damages are awarded when a court determines that the actions of the defendant were egregious enough to award additional monetary compensation to the plaintiff as punishment.

Filing a Zofran Lawsuit

Zofran is a popular anti-nausea medication that was approved in 1991 for cancer patients who underwent chemotherapy or radiation therapy. It is illegal for pharmaceutical companies to advertise their medications for off label uses (uses that have not been approved by the FDA) and in 2012 Zofran pleaded guilty to criminal charges for the promotion of off-label uses.

According to court documents, GlaxoSmithKline advertised the medication as a safe and effective treatment for pregnancy related nausea or morning sickness even though studies have suggested that taking Zofran during the first trimester of pregnancy may increase the risk of serious birth defects.

Product liability attorneys are currently seeking potential plaintiffs to bring Zofran lawsuits against GlaxoSmithKline. Deciding to bring a product liability lawsuit is a big decision that should be made with the advice of a legal professional after weighing the facts of each individual case.

The Zofran Lawsuit is Case No. 1:15-cv-13739-FDS in the United States District Court for the Northern District of California.