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Zofran Lawsuit: Women Terminates Pregnancy Due to Severe Malformations

A Randolph, Massachusetts woman filed a Zofran lawsuit earlier this against GlaxoSmithKline (GSK), the makers of the medication, after taking the drugs allegedly caused severe problems with her unborn infant. This marks the 7th lawsuit against GSK concerning pregnant women taking Zofran.

According to court documents, the plaintiff, who filed her case in U.S. District Court for the District of Massachusetts, Eastern Division, was five months pregnant in October, 2013, when a routine medical exam revealed that her baby had life-threatening abdominal malformations. The infant’s malformations and medical issues were so severe that they would pose serious problems to both mother and baby. In turn, the plaintiff decided to end the pregnancy.

During her first trimester, in May, 2013, the plaintiff was prescribed Zofran by her physician in order to help combat her ongoing morning sickness. Zofran was prescribed to her as “off-label” use nausea and vomiting. Her lawsuit indicates that although Zofran has never been approved by the FDA for use in pregnant women, she was still given the medication, which has been shown to increase the risk of infants developing birth defects.

GSK has faced similar lawsuits in they were accused of covering information regarding the risks of taking drugs. The plaintiff asserts that in this case GSK purposely avoided any detailed studies in and that they “avoided conducting [such] studies or trials because they would have hampered its marketing of Zofran and decreased profits.”  

The plaintiff stated that had she known beforehand that Zofran increases the risk of birth defects, she would have never taken the medication. She also claims that her pregnancy termination happened because the “malformations were the direct and proximate result of prenatal exposure to Zofran.”

Zofran Lawsuits Continue to Increase

Although Zofran lawsuits are still relatively new, they continue to increase and more and more women in the U.S. and Canada are having babies with severe birth defects.

For instance, in April, a woman from Texas also filed a Zofran lawsuit against GSK that closely resembled the Massachusetts’ plaintiff’s case, as well as many other recent lawsuits filed against the company. According to a Zofran attorney,

“The allegations in these two complaints regarding the tactics GlaxoSmithKline used to market Zofran are strikingly similar to those included in a number of other birth defect lawsuits involving the mediation that have been filed in recent months.”

If You Were Prescribed Zofran

Keep in mind that if you were prescribed Zofran during pregnancy and your baby developed birth defects, you have the legal right to seek damages for pain, suffering, medical expenses and more. Medical costs when caring for an infant with birth defects may last a lifetime, and are usually more expensive than the average family can afford.

For more information on the risks of Zofran during pregnancy, including possible side effects and birth defects, refer to our article Zofran and Pregnancy.


1:15-11627, US District Court for the District of Massachusetts, Eastern Division.