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Zofran Birth Defects: Legal Help

By Andrew Sullo


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If you are a woman who was prescribed the drug Zofran for morning sickness and your baby was born with a birth defect, it could be beneficial to speak to an experienced Zofran birth defect(s) lawyer. Zofran gained FDA approval in 1991 as a treatment for nausea and vomiting among those undergoing chemotherapy, radiation or surgical procedures. Zofran has additionally been prescribed off-label for severe morning sickness, however studies done in the past few years report some birth defects have been tied to the drug.

Cleft palate, heart and kidney defects, poor fetal growth, musculoskeletal defects and even fetal death have been associated with the use of Zofran during the early months of pregnancy. If you believe you may have a case against the manufacturer of Zofran, you must be aware of the Zofran birth defect lawsuit statutes of limitations as well as your Zofran birth defect lawsuit claim preservation. The following information can be extremely helpful regarding your potential Zofran lawsuit, however there is no substitute for speaking to a knowledgeable Zofran birth defect(s) lawyer.

 

Zofran Studies on Pregnancy Risks

Unfortunately, there have been few studies which measure the risks of Zofran among pregnant women. In 1984 and 1985, GlaxoSmithKline engaged in two studies with pregnant mice and two studies with pregnant rabbits. Many find these studies have little to do with actual pregnant humans. The mice and rabbits have such short gestation periods (21 and 33 days) that the Zofran was not actually administered during the first trimester.

One Danish study found little risk of birth defects among pregnant women, while a second Danish study of 900,000 pregnant women found a 30% increase in Zofran birth defects overall as well as twice the risk of heart defects. A 2012 study identified a 2.4 times risk of cleft palate and cleft lip and a 2014 investigation found at least twenty Canadian women who reported serious Zofran birth defects to the U.S. FDA. These birth defects included two infant deaths as well as multiple instances of kidney and heart birth defects.

 

What You Should Know Regarding the Zofran Birth Defect Lawsuit Statutes of Limitations

All product liability cases operate under the statutes of limitations, however each state sets their own time limits. No matter which state you will bring your Zofran birth defect lawsuit in, you should file as soon as possible, or speak to a knowledgeable Zofran birth defects lawyer to ensure you are aware of the deadlines involved. If you fail to file your lawsuit prior to the expiration of your state’s statutes of limitations, your lawsuit will almost certainly be dismissed, no matter how valid your claim.

The statutes range from one year to ten years, although most states operate under a two year statute of limitations. Sometimes, determining when your statute of limitations begins is relatively straightforward; other times your injuries may not be discovered until months or years after the injury occurs. In the case of Zofran, it is likely you will be aware of your baby’s birth defect soon after the birth, but there could be cases where the birth defect is not discovered for weeks or months. Many states specify that the statutes begin to run when the injury is discovered—or should have been discovered. The statutes of limitations can be complex, and are best navigated by an experienced Zofran birth defects lawyer.

 

Getting Zofran Birth Defect Claim Legal Help

If your baby was born with a birth defect which has been associated with the use of Zofran, you may want to consider speaking to a Zofran birth defects lawyer. You may have many questions related to Zofran and your baby’s birth defect. A well-qualified Zofran Birth Defects Lawyer should be able to comprehensively review your individual circumstances, then lay out your options.
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