Bernstein Liebhard LLP Comments on Filing of Zofran Birth Defect Claim in Massachusetts Federal Court

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The Zofran lawsuit alleges that GlaxoSmithKline failed to inform doctors and patients about research that suggests the medication might cause birth defects if used during the first trimester of pregnancy.

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This Zofran lawsuit puts forth some very serious allegations regarding Glaxo’s handling of this medication, as well as the tactics used to market the drug for use in expectant mothers.

A Zofran lawsuit ( has been filed in the U.S. District Court, District of Massachusetts, by a woman who claims her baby daughter was born with a number of serious congenital abnormalities, including heart defects, after she was prescribed Zofran to treat nausea and vomiting during her pregnancy. The February 16th filing accuses GlaxoSmithKline of failing to inform doctors and patients about data linking Zofran to birth defects, and of improperly promoting the drug as an off-label treatment for pregnancy-related nausea and vomiting. (Case 1:15-cv-10429)

“This Zofran lawsuit puts forth some very serious allegations regarding Glaxo’s handling of this medication, as well as the tactics used to market the drug for use in expectant mothers. Our Firm recently launched a website to inform the public about the growing litigation surrounding Zofran, and we have begun to receive inquiries from women who also allege that this drug caused birth defects in their children. As such, we will be monitoring these types of cases very closely,” says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently investigating potential Zofran cases of families whose child was allegedly born with a serious birth defect due to pre-natal exposure to this medication.

Zofran Lawsuit Allegations
Zofran is an anti-nausea medication approved to treat post-operative surgery patients, as well as cancer patients undergoing certain radiation and chemotherapy treatments. The medication is currently not approved for use in pregnant women.*

The Zofran lawsuit now pending in Massachusetts federal court claims that as early as the 1980s, Glaxo was aware of animal studies linking this drug to intrauterine deaths and malformations in offspring, as well as data indicating the medication could cross the placental barrier in pregnant mammals. The complaint also claims that since the early 1990s, the drug company has received hundreds of reports linking the use of Zofran in pregnancy to serious birth defects. Finally, the lawsuit notes that in 2012, GlaxoSmithKline agreed to pay $3 billion to resolve charges with the U.S. Department of Justice regarding the marketing of a number of medications. Among other things, the company had been accused of improperly marketing Zofran as a treatment for nausea and vomiting experienced by expectant mothers.

Court documents indicate that this case was just one of two Zofran lawsuits filed in federal courts last month on behalf of children who allegedly developed birth defects due to their mothers’ treatment with this medication. On February 12th, a similar complaint citing much of the same evidence was filed in the U.S. District Court, Eastern District of Pennsylvania by a woman who alleges her use of Zofran during both of her pregnancies in 2004 and 2006 caused her two children to be born with serious heart abnormalities. (Case 2:15-cv-00709-PD).

Parents of children who were born with serious birth defects allegedly related to their mother’s use of Zofran during pregnancy may be entitled to file their own claims against GlaxoSmithKline. To find out more about available legal options, please visit Bernstein Liebhard LLP’s website, or call the Firm directly at 800-511-5092.

*, FDA, September 2014

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2015 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP
info (at)consumerinjurylawyers(dot)com

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