Banville Law has joined forces with a coalition of experienced plaintiffs’ attorneys to investigate potential Zofran claims against the international pharmaceutical giant GlaxoSmithKline. After a series of large studies found an association between Zofran and major birth defects, families began to file lawsuits. There are now more than a dozen claims filed in Federal Courts, and more pending in State Courts.
But since over 1 million “off label” Zofran prescriptions are written for morning sickness every year, the legal community expects many other parents to step forward in the coming months.
While this litigation is currently closed, learn more about a Zofran Lawyers: Meet Our Experienced Attorneys from our team of attorneys.
By filing lawsuits against GlaxoSmithKline, parents who took Zofran and say the drug caused their children to develop birth defects claim damages for:
Many Plaintiffs have also expressed a desire to promote increased corporate accountability within the pharmaceutical industry and prevent future harm to patients and children.
No. It’s likely that settlements will only become a possibility after several of the initial lawsuits proceed to a jury trial, and none of the claims have reached that point yet.
In their complaints, parents have claimed that:
Any parent who was prescribed Zofran as an “off label” morning sickness treatment and delivered a baby with major birth defects may be entitled to bring a claim against GlaxoSmithKline.
With that being said, every case is unique and your own eligibility will depend entirely on the facts of your situation.
We urge you to contact our experienced attorneys for a free consultation to learn more about your legal options.
The answer to this question depends entirely on circumstances individual to your own situation.
With that being said, some states recognize a legal theory known as “innovator liability,” under which “brand name” drug companies (like GlaxoSmithKline) can be held accountable for injuries that may have been caused by generic drugs. Vermont, California, Illinois and Alabama are some examples, although Alabama’s legislature recently passed a bill that will prevent “innovator liability” claims beginning in October 2015.
In short, you may be able to file a Zofran birth defect claim even though you were prescribed a generic version of ondansetron, but case eligibility hinges on unique considerations that should be discussed in a free consultation with one of our attorneys.
No, Banville Law does not believe that the Zofran litigation will become a class action. Our attorneys are filing individual personal injury lawsuits, and representing individual families, parents and birth defect survivors.
We do, however, believe that it is likely that Zofran lawsuits will be “consolidated” in a Multidistrict Litigation (MDL).
A statute of limitations is the defined time period in which individuals have to file suit following an injury, but these statutes vary by state. Many states have statutes of limitation lasting two, three or four years, but there are many exceptions. For injuries involving children, some children have longer statutes of limitation.
In some cases, our attorneys may be able to argue that a statute of limitations should be “tolled,” or paused, based on the allegations that GlaxoSmithKline concealed vital safety information from patients for decades. This same argument has been presented in the majority of currently-filed Zofran birth defect lawsuits.
Yes, but not in relation to the drug’s potential association with birth defects.
Our attorneys work on a contingency-fee basis: we only collect fees after winning a court award or settlement in your favor. If we don’t win, you owe us nothing. This allows us to offer experienced legal counsel to our clients no matter their personal circumstances. Learning more about your legal options is also free.
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