Pharmaceutical litigation

Lexapro Blamed in Infant’s Death

By | Pharmaceutical litigation, Uncategorized

Lexapro birth defects lawsuitA commonly used anti-depressant is at the center of a lawsuit in the death of a one-day old child.

Sonja Jamsek took a mild dose of Lexapro during her pregnancy. Her doctor warned that her infant might experience withdrawal after being born.

However, the doctor didn’t advise that her infant may develop Persistent Pulmonary Hypertension of the Newborn (PPHN). At the time, her doctor was unaware of this particular Lexapro birth defect.

Lexapro & PPHN

Sonja Jamsek alleges that Lexapro is to blame for pulmonary hypertension in her baby. She argues that PPHN limited her daughter’s oxygen supply and caused fatal internal bleeding.

Pharmaceutical Companies Must Warn about Risks

It’s a drug company’s responsibility to inform physicians and patients about all known risks involved in taking medication. When they don’t, they must be held accountable for damages.

We have helped other families just like yours.

Over the last decade, Carey Danis & Lowe attorneys have obtained over $1 billion in compensation on behalf of clients in cases against manufacturers of harmful pharmaceutical products.

Our St. Louis law firm assists families whose lives have been turned upside down because of Lexapro birth defects.

If your newborn developed a birth defect as a result of exposure to Lexapro in the womb, you may be entitled to receive compensation.

Our experienced Lexapro lawyers can assist you in exploring your legal options in a free consultation.

Contact Us

Please call Carey Danis & Lowe today at 800.721.2519, or email us.

Zofran Birth Defects Lawsuits: Profit Maximization, Not Health

By | Pharmaceutical litigation, Uncategorized, Zofran

Zofran birth defects lawsuitsProfit maximization—that was the driving force of a pharmaceutical company’s marketing campaign. Not patient health maximization. The primary concern of GlaxoSmithKline (GSK) in one of their sales campaigns rested in money, not healing.

Zofran (ondansetron)

GSK developed Zofran to treat nausea and vomiting in chemotherapy patients. The US Food and Drug Administration (FDA) approved the drug for these purposes. And with approval in hand, GSK moved forward with their marketing efforts.

Making physicians think of money, not health

The pharmaceutical company ran a sales campaign with the tagline “Profit Maximization—It’s in the Bag”, according to Courthouse News in an article from November 2015.

The tagline’s target audience—doctors. With such a tagline, GSK sought to direct physician focus to finances, not health.

Marketing to make Zofran look good

GSK promoted Zofran to the medical community and to consumers as safe for pregnant mothers. This way, doctors could feel good about writing off-label prescriptions for mothers-to-be, while also taking advantage of kickbacks from GSK.

GSK’s marketing efforts made Zofran appear safe and effective for morning sickness, even though the FDA never approved Zofran to treat this pregnancy symptom.

Having constructed a positive, strong reputation for Zofran, GSK could conceal what they knew about Zofran birth defects.

The Brown family’s Zofran birth defect lawsuit

In a Zofran birth defect lawsuit filed on October 29, 2015, the plaintiff alleged that Zofran caused her child to be born with congenital band syndrome and teratological clubfoot.

Congenital band syndrome can cut off circulation, hinder development, and result in amputation.

Teratological clubfoot, a condition where a child is born with feet pointing inward, can be caused by exposure to “toxic substances” in the womb, according to Courthouse News, who cited the National Center for Biotechnology Information.

Zofran lawsuits consolidated

A judicial panel consolidated Zofran lawsuits in a federal court in Boston in October 2015. In early March 2016, there were almost 250 lawsuits pending in that court.

The multidistrict litigation is In re: Zofran (Ondansetron) Products Liability Litigation MDL No. 2657 in the US District Court for the District of Massachusetts.

You aren’t alone

You aren’t alone in your experience with Zofran birth defects. And, you can hold GlaxoSmithKline accountable for their misleading practices.

We can help you

Carey Danis & Lowe currently represents families whose lives have been turned upside down by Zofran. We understand the pain and suffering caused by this drug, and that’s why we want to help you. We offer free, no obligation case evaluations.

Call one of our Zofran lawyers today at 800.721.2519.

You can also reach us online. Please complete a confidential personal injury claim form.

We look forward to offering you any help that we can.

You may also be interested in reading:

Another Win for Topamax Birth Defect Victims

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax-lawsuit-settlementsDrug companies manage to find a way to appeal a case. However, in a Topamax birth defect suit, the court found that there was no reason to reconsider the earlier decision affirming a $4.2 million award.

The lawsuit involves the plaintiff, April Czimmer against Janssen Pharmaceuticals. Ms. Czimmer was awarded the large verdict because the jury found that the drug maker failed to sufficiently warn doctors about the extent of the risk of birth defects developing from the use of Topamax. The jury charged that the company’s negligence was a significant factor in causing April Czimmer son’s cleft palate.

The appeal hinged on the words “substantial contributing factor”, with the pharmaceutical company saying that the phrase was vague and confusing for the jurors. However, the Pennsylvania Superior Court denied the company’s effort to reconsider the 4.2 million verdict because jury instructions followed the precedent and were clear in defining the phrase.

This is excellent news for Czimmer and her son―and for families across the US who’ve been impacted by Topamax birth defects.

CD&L can help victims of birth defects caused by Topamax.

Our Topamax lawyers are currently investigating cases involving women who took Topamax during their pregnancy, and had infants with birth defects, especially cleft lips and cleft palates.

We offer free case evaluations, during which one of our lawyers will guide you through compensation eligibility, legal options, and whether filing a Topamax birth defect lawsuit is right for you.

Please call us at 800.721.2519 to discuss how we can help you get the justice you deserve.

Feeling the Heat: At COP 21 & in GSK Zofran Lawsuits

By | Pharmaceutical litigation, Uncategorized, Zofran

zofran-birth-defectsThings are heating up this week. World leaders are talking about climate change in Paris. And on the pharmaceutical litigation front, GlaxoSmithKline is feeling the heat from hundreds of Zofran birth defect lawsuits.

The Daily Beast took on Zofran birth defects in a November 2015 article. They focused on Deana Brown, a mother who took Zofran, a drug manufactured by GlaxoSmithKline (GSK), during her pregnancy. Now, Brown is the plaintiff in a lawsuit targeting GSK over her child’s Zofran birth defects.

Brown’s child was born with “amniotic band constriction and a teratologic clubfoot deformity”.

Illegal off-label advertising

Zofran isn’t FDA-approved to treat morning sickness. However, doctors write off-label prescriptions for pregnant women.

Doctors can recommend the off-label use of a drug, but the drug’s manufacturer isn’t allowed to promote that drug for any use other than those with FDA approval. Still, GSK launched a marketing campaign to promote Zofran as safe for pregnant mothers.

This move resulted in civil and criminal charges.

As a result of their illegal promotion, GSK paid $3 billion to settle charges brought by the US Department of Justice.

More studies needed

In August 2015, the American College of Obstetricians and Gynecologists (ACOG) released new information on morning sickness treatments. According to The Daily Beast, the organization noted that more research is needed to determine the safety of Zofran use during pregnancy.

GSK calls Zofran lawsuits groundless

The Daily Beast reached out to GSK for comment. They responded, and stated that the Zofran lawsuits are “unfounded”.

GSK’s decision-making

The Daily Beast also reached out to Brown’s legal representative, who said that GSK could’ve conducted Zofran clinical trials, but they “just chose not to”.

Do you have a Zofran lawsuit?

Was your child born with Zofran birth defects?

We encourage you to explore your legal options and compensation eligibility. Our law firm offers free case consultations. Share your Zofran story with one of our Zofran lawyers today.

Call Carey Danis & Lowe toll free at 1-800-721-2519. You can also reach us online by completing a confidential personal injury form.

You may be interested in reading:

  1. Zofran Multidistrict Litigation (MDL) Formed in Massachusetts
  2. Zofran Birth Defect Lawsuit Filed in Ohio
  3. Zofran Birth Defect Lawsuits: Carey Danis & Lowe Investigating Cases

Meet our St. Louis class action attorneys.

  1. John Carey — Partner
  2. Joseph Danis — Partner
  3. Jeffrey Lowe — Partner
  4. Andrew Cross — Attorney

2700 Testosterone Gel Lawsuits in US

By | Pharmaceutical litigation, Testosterone, Uncategorized

testoserone_gelOver 2,700 testosterone gel lawsuits are pending in the US. According to a Forbes article from late October 2015, testosterone lawsuits numbered around 2,000 in August 2015. In the ensuing months, even more men who suffered serious testosterone side effects stepped forward, bringing the total near 3,000.

A legal representative commented in the Forbes article that the lawsuits are “not quite to the halfway point in terms of the number of suits we’re going to see.”

Lawsuits consolidated in Chicago

Testosterone lawsuits are consolidated in a multidistrict litigation (MDL) in Chicago. The MDL cites 7 companies that make testosterone products.

The US District Court Judge managing the MDL, Judge Matthew Kennelly, is moving pretrial proceedings along at an efficient pace. In late 2016, the court will begin the bellwether trial process; at this time, rulings will be made on bellwether testosterone lawsuits that both parties carefully selected as representative of a majority of the MDL lawsuits.

AbbVie and AndroGel

This first round of bellwether cases scheduled for 2016 involves AbbVie and their testosterone product, AndroGel.

These AndroGel lawsuits allege that AbbVie’s testosterone product caused blood clots, heart attacks, and strokes. These lawsuits also argue that AbbVie’s AndroGel marketing campaigns misled them to believe the product as safe.

Decline in AndroGel sales

According to the Forbes article cited above, AndroGel sales plummeted as testosterone lawsuits rose. AndroGel sales dropped by 32% in the first 6 months of 2015.


Carey Danis & Lowe AndroGel lawyers represent men just like you who have been injured by testosterone gel, including Abbvie’s AndroGel. Our team of experienced testosterone lawyers are investigating cases, and encourage you to explore your legal options with us today.

For a free case evaluation, call us toll free at 800.721.2519.

You can also reach us online by completing a confidential personal injury claim form.

Zofran Multidistrict Litigation (MDL) Formed in Massachusetts

By | Pharmaceutical litigation, Uncategorized, Zofran

zofran-birth-defectsThe Judicial Panel on Multidistrict Litigation (JPML) ordered to consolidate Zofran birth defect lawsuits in Massachusetts.

Why did the JPML consolidate Zofran cases?

An increasing number of families across the US are coming forward, seeking to hold Zofran’s manufacturer, GlaxoSmithKline (GSK), accountable.

And accounting for the current number of pending Zofran lawsuits, in addition to estimates of future lawsuits, the move to consolidate is wise.

What is an MDL?

Think of a multidistrict litigation like this.

Say you ask 10 small grocers across the US for 10 red apples. And the small grocers hop to it, and each of them meets your request.

In doing so, they’re duplicating the same action, over and over again.

This duplicative process is what MDLs seek to avoid. When similar lawsuits are consolidated, there’s no replicating the same legal process over and over; put another way, grocers don’t have to pick out those 10 red apples over and over again.

Another benefit of MDLs is they avoid the confusion of conflicting rulings that can happen when cases are tried separately in courts all over the US.

Zofran MDL

On October 13, 2015, the JPML consolidated Zofran lawsuits into MDL No. 2657 before Judge Dennis F. Saylor IV.

GlaxoSmithKline has been here before

In 2012, GSK pled guilty to criminal charges brought by the US Department of Justice (DOJ). The charges alleged that GSK “promoted certain forms of Zofran, approved only for post-operative nausea, for the treatment of morning sickness in pregnant women”.

GSK and the DOJ agreed to a civil settlement in excess of $1 billion.

GSK also pled guilty to “promoting…Zofran for off-label, non-covered use and paying kickbacks to physicians”.

Do you want to hold GSK accountable?

If so, we can help you.

The team of experienced Zofran lawyers at Carey Danis & Lowe are available to discuss your case with you during a free case evaluation.

We can walk you through your legal options and compensation eligibility.

Call Carey Danis & Lowe today at 800.721.219. You can also reach us by completing a confidential personal injury claim form.

Zofran Birth Defect Lawsuit Filed in Ohio

By | Pharmaceutical litigation, Uncategorized, Zofran

zofran-birth-defectsA mother suffered severe nausea during her pregnancy. She listened to her doctor’s recommendation to take Zofran, an anti-nausea drug that doctors sometimes prescribe off-label to treat morning sickness.

The mother took Zofran during her pregnancy, and she delivered a child with birth defects.

The suffering and emotional strain resulting from the child’s birth defects led the mother to file a Zofran birth defect lawsuit targeting the drug’s manufacturer, GlaxoSmithKline (GSK).

The family filed the lawsuit in July 2015 in the US District Court for the Northern District of Ohio, Eastern Division.

The child suffered from a cleft lip, cleft palate, speech impediments, and ear problems. As a result of these birth defects, the child underwent 8 reparative surgeries. According to the child’s doctors, they expect to perform future surgical operations.

This is no way for a child to grow up.

GSK must be held accountable for pushing Zofran on physicians and pregnant mothers.

According to this lawsuit’s court filing, GSK didn’t conduct studies on Zofran use during pregnancy. Instead, the pharmaceutical giant went straight to promoting the drug as safe for pregnancy. The court document states that “GSK’s conduct was tantamount to using expectant mothers and their unborn children as human guinea pigs.”

In pushing the off-label prescription of Zofran for morning sickness, GSK thought only of sales, and not at all of consumer safety.

We are here for you.

The Zofran lawyers at Carey Danis & Lowe can help you and your family. If you used Zofran during your pregnancy, and your child developed birth defects in the womb, we encourage you to explore your legal options today.

Our Zofran lawyers are currently investigating birth defect cases, and are offering free case evaluations. We can help you decide if filing a lawsuit is the right decision for you and your family.

Contact Carey Danis & Lowe today.

You can reach us by phone at 800.721.2519, or by completing a confidential personal injury claim form.

Chicago Tribune Article on Testosterone

By | Pharmaceutical litigation, Testosterone, Uncategorized

testosterone gel lawsuitTestosterone therapy promises men more energy and heightened libidos, but some patients say those promises were accompanied by heart attacks and pulmonary embolisms.

Testosterone has been approved for men impacted by testicular injury, genetic conditions or chemotherapy. However, due to a huge marketing campaign to doctors and patients, testosterone has become a $200 billion a year industry, touting the “Fountain of Youth” effects of increased energy and a re-charged sex drive.

About a week after receiving his first testosterone injection Steve Schabel, of Indiana, had difficulty breathing, which got worse over time. At the hospital he learned he’d suffered a near-fatal double pulmonary embolism, blocking veins on both lungs.

He felt like he was going to die. Now he’s taking blood thinners for the rest of his life.

AbbVie and Abbott Laboratories, both located in North Chicago, make testosterone. They and other drug companies are defendants in the 2,000 lawsuits brought by men who have suffered heart attacks and strokes that they claim were caused by testosterone therapy.

Many of the lawsuits have been combined into one Chicago courtroom that may help determine the future of the off-label medical treatment. The lawsuits raise questions on how the drug is marketed and highlight patient difficulty in assessing benefits and risks.

Carey Danis & Lowe can help victims of testosterone therapy.

If you believe that testosterone therapy is to blame for your heart attack or stroke, call Cary Danis & Lowe attorneys for a free legal consultation. You may be eligible for compensation.

We work alongside a team of medical professionals and our nurses are available to answer your health questions.

Contact us by phone at 800.721.2519, or complete a confidential personal injury claim form.

Zofran Litigation: Drug Caused Cleft Palate say Mississippi Parents

By | Pharmaceutical litigation, Uncategorized, Zofran

zofran-birth-defectsNew lawsuits allege that the anti-nausea drug, Zofran is to blame for cleft palate in infants whose mothers took the drug at the beginning of pregnancies.

One Mississippi family claims that exposure to Zofran during the first trimester caused their daughter’s soft cleft palate. The lawsuits, filed against drug behemoth GlaxoSmithKline, were issued in the US District Court for the Southern District of Mississippi on July 17, 2015. It’s believed that they are the first parents to file in the Mississippi Federal Court.

In January 2015, the Mississippi mother gave birth to a child diagnosed with soft cleft palate. With this disability, the roof of the mouth is split, which affects feeding, speech, breathing and language development. There’s no history of birth defects in this family and a previous child was born healthy and without congenital problems.

Are there links between Zofran and Cleft Palate?

While the drug is prescribed as an “off label” treatment for morning sickness, its efficacy hasn’t been proven and recent research has found a link between the drug and birth defects.

A paper published by researchers at Harvard and Boston University, discovered a 2.37 times increase in the chance for cleft palate after prenatal exposure to Zofran.

While 34 families have filed Zofran lawsuits in Federal Court, that number hardly compares to the amount of women who have been exposed to the pharmaceutical during pregnancy. Zofran use has soared to over 1 million prescriptions every year.

Carey Danis & Lowe can help with Zofran Birth Defect Lawsuits

If you or someone you love used Zofran during the first trimester of pregnancy, and a child was born with birth defects, then you or your loved one may be eligible to receive compensation.

Contact Carey Danis & Lowe for a free legal consultation. One of our Zofran lawyers will walk you through your litigation options, and whether filing a Zofran birth defect lawsuit is the right path for you.

Call Carey Danis & Lowe at 800.721.2519, or complete a confidential personal injury claim form.

New Study: Celexa & Zoloft Disrupt Unborn Baby Bone Growth

By | Pharmaceutical litigation, Uncategorized, Zoloft

topamax_birth_defects_topamax_lawsuit_settlementsCelexa and Zoloft, two drugs used to treat depression, are linked to many types of birth defects. And according to a recently published study, these two antidepressants are now linked to poor bone development.

The study, Citalopram and sertraline exposure compromises embryonic bone development, appeared in Molecular Psychiatry in September 2015.

The researchers looked at bone development in zebrafish embryos and human adult stem cells.

In both cases, they discovered that exposure to either Celexa (citalopram) or Zoloft (sertraline) resulted in inhibited bone growth.

In concluding their findings, the researchers emphasized that, “[t]hese results highlight the need to further investigate the risks of SSRI use during pregnancy in exposing unborn babies to potential skeletal abnormalities.”


Do you have questions about use of antidepressants like Celexa and Zoloft during pregnancy?

If so, contact the law offices of Carey Danis & Lowe. Our team includes experienced trial attorneys and medical professionals, who are both available to answer your questions and discuss your concerns.

If you used a selective serotonin reuptake inhibitor (SSRI) antidepressant, such as Celexa or Zoloft, during your pregnancy, and your child was born with birth defects, we encourage you to contact one of our SSRI birth defect lawyers today.

We offer free case evaluations, and can help you decide whether filing a Celexa or Zoloft birth defect lawsuit is right for you and your family.

Contact Carey Danis & Lowe today.

You can reach us by phone at 800.721.2519, or by completing a confidential personal injury claim form.