Zofran or Ondansetron is approved by the United States Food and Drug Administration to treat nausea caused by cancer chemotherapy, radiation therapy, and surgery. Zofran has also been widely prescribed to pregnant women to treat nausea connected with pregnancy.

However, studies have been conducted connecting Zofran use during pregnancy with birth defects and in 2013 the FDA issued a warning of the potential risks of using Zofran during pregnancy.

If you believe you or your child have suffered because of Zofran, an experienced West Palm Beach Zofran lawyer can meet with you and discuss whether you have a case. A savvy mass torts attorney could help you recover compensation to cover your losses.

What is Zofran?

Zofran is manufactured by GlaxoKlineSmith and was first approved by the U.S Food and Drug Administration in 1995. However, while this medication has been widely prescribed throughout the country for women experiencing nausea, the FDA currently classifies Zofran as a pregnancy category B medication, meaning that no one knows whether the medication is safe for use during pregnancy.

Pharmaceutical companies have a duty and obligation to ensure that their product is safe for its intended use. However, many women are prescribed Zofran “off label”, which means that the medication is being used for something that it was not specifically intended for.

Still, manufacturers may be held liable for a defect when a person uses “product is used in a manner reasonably foreseeable by the manufacturer”. RESTATEMENT (SECOND) TORTS, § 402A(2)(a)

Birth Defects Connected With Zofran Use

Zofran has been widely prescribed to treat woman experiencing morning sickness and other nausea-related symptoms. However, this medication is only authorized for treating cancer patients and is commonly prescribed “off-label” meaning that it was not what the medication was intended to treat. There have been numerous studies suggesting that Zofran use during pregnancy can lead to a higher prevalence of birth defects including:

  • Cleft lip
  • Cleft palate
  • Abdominal problems
  • Vision problems
  • Skull deformities
  • Hearing loss
  • Mental delays
  • Heart defects

Benefits of Working With a West Palm Beach Lawyer

A West Palm Beach Zofran lawyer understands the complex medical issues surrounding Zofran litigation. An important aspect of any Zofran lawsuit is ruling out other possible causes of a birth defect such as:

  • Genetic causes such as cerebral palsy
  • Risky behavior such as smoking and drinking during pregnancy
  • Birth defects caused by medical malpractice such as doctors improperly using forceps or other types of medical malpractice

A skilled attorney can also help correlate Zofran use to a birth defect by obtaining medical records, obtaining pharmacy records, gathering evidence, and deposing witnesses. Most pharmaceutical companies and their insurance carriers will offer to settle a case before it goes to trial. A Zofran lawyer can help negotiate settlement offers to ensure that any offer considers a person’s unique situation.

How A West Palm Beach Zofran Attorney Can Help

Even if you were taking Zofran “off-label”, you still have options. If you were prescribed Zofran during your pregnancy and your child was born with defects due to the drug, an attorney can help.

A West Palm Beach Zofran lawyer with substantial experience litigating prescription drug cases can offer you guidance and support while filing a lawsuit and can greatly increase your chances of recovering compensation for your injuries.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260