How to File a Zofran Lawsuit for Birth Injuries in Elko

Filing a Zofran lawsuit for birth injuries in Elko requires that you consult a qualified birth injury lawyer, gather the necessary evidence, and file a legal complaint. A birth injury lawyer will help you determine whether you have a valid claim, navigate the legal process, and properly prepare a claim for compensation. Studies have found Zofran to increase the risk of developing birth defects. Consequently, hundreds of mothers whose babies were born with birth defects have filed lawsuits. Below is a closer look at Zofran lawsuits.

If your baby was born with a birth defect in Elko, call birth injury lawyer Denise Bradshaw at 775-738-7444 for a free consultation about your legal options.

Understanding Zofran Lawsuits for Birth Injuries

Zofran, also known by its common generic name ondansetron, is an anti-nausea prescription medication. It works by blocking serotonin, which causes vomiting. It was originally approved by the U.S. Food and Drug Administration (FDA) to treat nausea and vomiting in surgical patients and patients undergoing cancer treatments.

Given Zofran’s effectiveness in treating nausea and vomiting, doctors started prescribing it to pregnant women experiencing severe morning sickness, even though the FDA hadn’t approved the drug for this use. Zofran use for nausea and vomiting during pregnancy more than doubled from 2008 to 2013, with monthly prescriptions increasing from 50,000 to 110,000. As more pregnant women took Zofran, concerns grew over its possible risks to babies.

Over the years, multiple studies have linked Zofran to an increased risk of birth defects when used to treat morning sickness. Birth defects were the leading cause of infant deaths in Elko and the rest of Nevada from 2020 to 2022.

One study found that substantial amounts of Zofran could readily cross the placental barrier. Some studies have found a higher risk of cleft palate in babies whose mothers were treated with Zofran during pregnancy. A study first published in 2011 found that Zofran could double the risk of cleft palate defects. A 2018 study involving 1.8 million pregnancies also found an increased risk of oral clefts with maternal use of Zofran in the first trimester.

In a study involving over 800,000 Danish women, there was a twofold risk of cardiac malformations with Zofran usage and a 30% increased risk of major congenital malformations. A study involving 96,968 women who gave birth in Australia found a considerably higher risk of kidney defects due to exposure to Zofran. According to a Toronto Star investigation, at least 20 Canadian women who had been treated with Zofran during their pregnancies had newborns with birth injuries, including kidney malformations, heart defects, and two infant deaths.

These findings have petrified many women who had used Zofran to treat morning sickness. There has been a surge in lawsuits against GlaxoSmithKline (GSK), the drug manufacturer, by families that believe Zofran to be behind the birth defects in their children. Novartis has also been named as a defendant in these lawsuits due to its acquisition of GSK’s oncology products.

In 2011, the Department of Justice took GSK to court over allegations of failing to report safety data, promoting its drugs for off-label uses, such as Zofran for morning sickness treatment, and paying doctors to prescribe its drugs. The company eventually pleaded guilty to the federal charges and made a $3 billion payment to the Department of Justice, the largest settlement payment by a drug manufacturer to the department.

How to File a Zofran Lawsuit

If you took Zofran while pregnant — especially during the first trimester — and your child was born with a birth defect, you and your family may be eligible to file a lawsuit. The most common birth injuries associated with Zofran in the multiple lawsuits that have already been filed include:

• Cleft lip or palate
• Congenital heart defect
• Kidney malformation
• Clubfoot
• Skull deformities

These defects can form the basis of a Zofran lawsuit for birth injuries. Taking legal action allows you to hold the drug manufacturer and any other negligent company and healthcare provider accountable for losses suffered.

There are key steps to take to file a Zofran lawsuit successfully.

Consult a Lawyer

The best way to know your eligibility to file a lawsuit is to contact a birth injury lawyer to schedule a consultation about your case. After your initial contact, a lawyer will conduct a case review. A lawyer will gather important information about your circumstances, evaluate your claim’s strengths, and help determine what to expect if you move forward with a lawsuit.

Gather Evidence

A Zofran lawsuit requires proof of the mother having taken Zofran while pregnant, the birth injuries suffered, a link between Zofran usage and the observed health concerns, and the damages you’re claiming. It’s crucial to consult a medical professional to review and document your medical history, your child’s condition, and the connection to Zofran. You should gather all relevant documentation and evidence, such as diagnostic reports, medical tests, prescriptions for Zofran, and expert opinions.

File a Claim

To initiate a lawsuit, you should file a legal complaint against the defendant. The complaint outlines the allegations and damages you’re seeking.

Common allegations set forth in Zofran birth injury lawsuits include marketing Zofran as an anti-nausea agent during pregnancy despite it not receiving FDA approval for such use, the failure to warn patients and medical providers of Zofran’s side effects, manufacture of a defective drug, and misrepresentation of animal studies and safety of Zofran for pregnant women. A birth injury attorney will help you incorporate these allegations into your claim based on your circumstances.

Zofran-linked birth defects can cause lifelong consequences for both children and families. A family may incur costly out-of-pocket expenses for medical interventions like surgeries, therapies, and ongoing medical monitoring. Birth defects may make children dependent on their families forever. The emotional toll of birth injuries is profound. As a result, you and your family may be entitled to compensation for damages like medical expenses, lost income because of caregiving, pain and suffering, and punitive damages. Your Zofran lawyer will help you assess the damages that you can claim compensation for based on your experience.

During the legal process, the involved parties could engage in negotiations to reach a fair settlement or proceed to trial before a judge or jury if the case doesn’t settle.

How a Zofran Lawyer Can Strengthen Your Case in Elko

A birth injury attorney for Zofran claims will help strengthen your case in several ways:

Even Up the Odds

Pharmaceutical companies like GlaxoSmithKline make billions in profits. As a result, they can mount a strong legal defense through a team of highly paid attorneys. The odds are stacked against you if you choose to go up against them without legal representation. An experienced birth injury attorney will know how to fight back against these companies and healthcare providers’ medical malpractice insurers, increasing your chances of being fairly compensated for your damages.

Simplify the Legal Process

Pursuing birth defect claims involves navigating complex medical and legal issues. A lawyer with experience and expertise in handling birth injury claims will know the challenges to expect and how to overcome them. He or she will help you understand your rights and legal options, help you prepare a claim, and guide you throughout the legal process.

Evidence Collection

Evidence collection is critical to building a strong case and maximizing your financial recovery. A Zofran lawyer ensures the right evidence for substantiating your claim is gathered and preserved. Expert testimony is one of the most crucial pieces of evidence in Elko birth injury cases. A Zofran lawyer will have a network of experts from which he or she can enlist experienced medical professionals to provide compelling expert testimony that will be invaluable to your case.

Strong Negotiation

Experienced birth injury lawyers are skilled negotiators who can build a compelling case, communicate effectively with the other party, and advocate for the maximum possible settlement without the need for a lengthy trial.

Providing the Necessary Resources to Pursue Your Case

A Zofran lawyer provides the resources required to navigate the legal process. Pursuing a birth injury lawsuit is costly, with lots of money needed to gather evidence, hire experts, file the necessary paperwork, and litigate the claim. An established birth injury law firm will have the legal and financial resources to do a thorough investigation of your case, collect comprehensive evidence, and take your case to trial if necessary.

Experienced birth injury lawyers typically take cases on a contingency fee basis, so you won’t pay any upfront fees or legal expenses for filing your case unless you recover compensation. The lawyers receive money for the legal representation provided only after they win your case.At Bradshaw Law LLC, we’re committed to helping victims of birth injuries and medical malpractice and their families in Elko recover the full compensation they need to rebuild their lives. We represent clients on a contingency basis, so you won’t have to pay any fees until we win your case. Contact us today to learn more about how we can help.