Birmingham, ALA Zofran birth defects lawsuit has been filed against GlaxoSmithKline, maker of the anti-nausea medication, alleging the plaintiff’s use of Zofran while pregnant led to her son having birth defects. GlaxoSmithKline has reportedly responded to the Zofran lawsuit saying there is no proof Zofran is linked to birth defects. The company has asked the lawsuit be thrown out of court.
According to AL.com (5/6/15), Julie Hunter filed the lawsuit in Birmingham, alleging her eight-year-old son’s birth defects were caused by her use of Zofran while she was pregnant. Zofran is often prescribed to prevent nausea linked to pregnancy. The lawsuit notes that the boy, Talon, was born with a distended kidney, extra fingers and a high narrow pallet.
According to court documents, at only nine months old, Talon suffered his first seizure. He is also nonverbal and has “very delayed” reactions, experienced since birth. The lawsuit alleges Talon’s health problems are expected to last throughout his life.
Talon was reportedly diagnosed with chromosomal defect not displayed by either of his parents, meaning they could not have passed that defect on to him. That defect is a duplication of the long arm of his 13th chromosome, which was determined to be the cause of Talon’s health problems. In addition to his health problems, the lawsuit claims Zofran caused physical pain, mental anguish, loss of enjoyment of life and related medical expenses.
The lawsuit alleges GlaxoSmithKline failed to warn pregnant women about the risk of taking Zofran while pregnant.
“The drug Zofran was not reasonably safe when being used in a foreseeable manner, but to the contrary, was defective and unreasonably dangerous when being so used,” the lawsuit claims. “The defective and unreasonably dangerous condition of the drug Zofran was the proximate cause of the injuries to Plaintiff Talon Hunter.”
GlaxoSmithKline has responded to the lawsuit saying there is no evidence that its medication is in any way linked to Talon’s chromosomal abnormality and has asked the judge to dismiss the case.
Other lawsuits have reportedly been filed against GlaxoSmithKline, including a lawsuit filed by Sony Lampkin alleging GlaxoSmithKline failed to conduct a single clinical trial before marketing Zofran off-label to treat nausea linked to morning sickness. The lawsuit futher claims GlaxoSmithKline had received 32 reports of birth defects linked to Zofran by the year 2000 and has since received more than 200 additional reports.
Lampkin alleges her son’s congenital heart defect was caused by her use of Zofran while pregnant.
The Hunter lawsuit is Julie Hunter and Talon Hunter v. GlaxoSmithKline et al, case number 2:15-cv-00544-JEO, in the US District Court, Northern District of Alabama. The Lampkin lawsuit is Lampkin v. GlaxoSmithKline, et al, case number RG15761042 in the Superior Court for California, County of Alameda.
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