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Couple Files Product Liability Lawsuit Against Pharmaceutical Company, Claiming Drug Led to Birth Defect

NJ Prescription Drug Product Liability Lawyer A couple from Los Angeles, California recently filed a product liability lawsuit against one of the pharmaceutical industry’s dominant companies, GlaxoSmithKline (GSK), alleging that GSK’s prescription medication brand Zofran contributed to the tragic death of their infant daughter.

Dulce A. Morga, the expectant mother in this case, was prescribed Zofran during her pregnancy. Her daughter was then born in 2014 with severe congenital heart defects. After receiving open-heart surgery in the days following her birth, the infant passed away in the arms of her mother.

Sadly, instances linking Zofran to congenital birth defects have arisen on many occasions since physicians began prescribing the drug to treat morning sickness in pregnant women. Zofran was initially introduced by GlaxoSmithKline and approved by the U.S. Food and Drug Administration (FDA) to treat nausea and vomiting in 1991. However, prescribing guidelines confined Zofran to treatment for patients who experienced nausea after undergoing chemotherapy, radiotherapy, or surgery.

Shortly thereafter, medical professionals began prescribing Zofran for off-label use in pregnant women experiencing morning sickness. Although this use was not approved by the U.S. FDA, GlaxoSmithKline advertised to doctors and expectant mothers for this purpose. In 2012, GSK pled guilty to criminal charges after the U.S. Department of Justice accused the company of marketing off-label uses of several prescription drugs, including Zofran. Nevertheless, it is estimated that approximately 1 million pregnant women in the United States take some form of Zofran each year to treat nausea and vomiting related to their pregnancy.

In recent years, studies involving the unintended side effects of Zofran have revealed a potential link between the drug and congenital birth defects. Some research suggests that mothers who are prescribed Zofran for this off-label use have a significantly increased risk of delivering an infant with birth defects, particularly congenital heart defects.

The aforementioned lawsuit, which was filed on Friday, November 13th, brings multiple claims against GlaxoSmithKline, including negligence, strict products liability, intentional misrepresentation, concealment, and negligent misrepresentation. The plaintiffs are seeking damages resulting from what is often described as “pharmaceutical failure to warn,” which causes catastrophic and often fatal consequences for unsuspecting patients across the United States.

When pharmaceutical companies fail to protect and ensure the safety of those taking their products, they should be held accountable. Unfortunately, these powerful corporations often attempt to use their influence to silence the innocent victims who deserve to be compensated for their losses. If you or someone you love is facing a situation of this kind, please contact Fronzuto Law Group anytime for a free consultation. We are always available to answer your questions and to provide you with an understanding of your available options.

Pivotal Report Addresses Problem of Medical Misdiagnosis

In a follow-up to its landmark report addressing the problem of medical errors and misdiagnosis, the Institute of Medicine recently released new findings that call for significant improvement in the quality of today’s healthcare. In fact, the overwhelming rates of medical misdiagnosis in the United States has led some to call the new report a “second… Continue Reading

New Study Reveals Staggering Findings about Medication Errors During Surgeries

According to a recent study conducted by researchers at one of the country’s leading medical centers, approximately half of all surgeries performed in the United States involve some form of medication error or result in an unintended drug side effect for unsuspecting patients. These staggering new statistics resulted from a study conducted by academicians from Massachusetts General… Continue Reading

New Mammogram Guidelines Spark Contentious Debate About Breast Cancer Diagnosis

Leaders in the medical community have generated additional confusion among patients and practitioners alike, as the The American Cancer Society recently published new mammogram guidelines for breast cancer screening, but experts fail to reach a consensus. The implications of this ongoing debate are two-fold: first, it leaves patients to question the best course of action for breast cancer prevention,… Continue Reading

New Jersey Nurse Under Fire After Allegedly Reusing Syringes During Flu Shots

An unidentified New Jersey nurse is currently under fire after allegedly reusing syringes while administering flu vaccines to patients at a West Windsor pharmaceutical company. The nurse, whose identity remains undisclosed, voluntarily surrendered her license and is temporarily suspended pending a final determination by the New Jersey Board of Nursing. According to the New Jersey… Continue Reading

Fatal Error Sees Doctors Puncture Mans Colon During Testing

An unfortunate case of medical malpractice left the patient dead and the patient’s closest living family member, his grandmother, taking legal action against the medical team responsible for the fatal error. The incident occurred when the young man went in to get some testing done on his intestines. He had complained of digestive issues and… Continue Reading

The Fronzuto Law Group is a boutique medical malpractice & product liability law firm with additional specialization in birth injuries and pediatric medical malpractice.

  • Our Firm's Founder, Ernest P. Fronzuto: New Jersey Supreme Court Certified Civil Trial Attorney

  • From Connecticut to California,

    we consult on complex pediatric malpractice cases across the nation.

    Pediatric Malpractice
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    "After winning a favorable settlement, Ernie and his group are still answering my questions and guiding me through long-term matters."

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