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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

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.