Zofran is a 5-HT3 receptor antagonist medication that’s only approved for use for cancer patients experiencing nausea after chemotherapy and other forms of treatment that may cause nausea and vomiting. Yet, Zofran has been pushed as an off-label medication to treat morning sickness in pregnant women. In turn, many women who took Zofran while pregnant had babies born with birth defects that could have been preventable.
If your infant developed a birth defect after you took Zofran during pregnancy, a Zofran claim helps you seek damages against the responsible party. You may be eligible for compensation to help with medical expenses, pain, suffering, rehabilitation, lost wages, and more.
What is Zofran and Why Are Pregnant Women Taking It?
Zofran, as mentioned earlier, is a 5-HT3 receptor antagonist medication used to treat nausea and vomiting. Zofran works by reducing serotonin in the brain. Since natural serotonin in the brain is responsible for allowing to body to experiencing nausea and vomiting, reducing the amount in the brain has been proven effective for cancer patients who are are undergoing treatments that result in nausea and vomiting.
Millions of pregnant women experiencing nausea and vomiting each year, typically during the first trimester. GlaxoKlineSmith, the makers of Zofran, discovered a large market that hadn’t been tapped into: pregnant women. In turn, the drug manufacturer began promoting Zofran use for pregnant women with morning sickness. Yet, since Zofran is not approved for pregnant women, GlaxoKlineSmith prompted physicians to offer the medication to pregnant women for off-label use.
Unfortunately, the number of infants being born with birth defects after their mothers took Zofran continue to increase. Birth defects generally lead to large medical expenses, and depending upon the birth injury and its severity, these expenses may last a lifetime.
If you were prescribed Zofran while pregnant and your baby was born with birth defects, you have the legal right to file for damages against the responsible party. The first process in getting you started is a claim.
What is a Claim?
A Zofran claim is a legal action filed in court that alerts the other party that you are seeking damages for negligence. A claim is typically the first document filed in court and provides the details of what you are seeking and what the other party did that made you file the claim in the first place.
The primary purpose of filing a Zofran complaint is to let the defendant know what they are accused of and that you intend to seek damages for it. In most instances, a claim will have a section entitled “Demand for Judgement” or something similar. In this section, the plaintiff (you) generally fills out what is being sought from the defendant. Your attorney will normally assist you with this.
Should You File a Claim?
If you took Zofran while pregnant, and your infant was born with a birth defect, there is a good possibility that you should file a claim. An experienced Zofran lawyer can assist you in determining if you have a valid case, but in the meantime, if you can answer “yes” to following questions, you should consult an attorney as soon as possible.
- Did you take Zofran while pregnant?
- Was your infant born with a cleft lip, cleft palate, heart issues, or any of the other birth defects linked to Zofran use? (See Zofran Birth Defects for a full list of associated birth defects)
- Are you within your state’s statute of limitations (time limit) to file a claim?
Answering a Claim
Once the claim is filed, the defendant (for instance:GlaxoKlineSmith) has a set amount of days to answer the claim. In rare cases, the defendant will accept the claim or ignore it altogether, but in most instances, the defendant will deny the claim, which sets the stage for a Zofran lawsuit.
If the defendant denies any wrongdoing, the next step is continuing on with a Zofran lawsuit. Your attorney will be able to lead you through this process and let you know what each step details. However, for additional information about the lawsuit process, refer to our article, Zofran Lawsuit.
For assistance in finding a reputable and experienced attorney, refer to our article, Zofran Lawyer.