As the outrage continues to mount over the intentionally negligent choice of GlaxoSmithKline to market Zofran to pregnant women for the treatment of morning sickness despite knowing of adverse effects on the unborn, women are beginning to come forward with Zofran lawsuits. There are numerous conditions that have been linked to Zofran use during the first trimester of pregnancy and as the prospect for a massive class action lawsuit increases, GlaxoSmithKline may be forced to consider the option of agreeing to a settlement. It is important to understand how a settlement could impact your own lawsuit and your rights before you agree to any terms.
Link between Zofran and Serious Birth Defects is Difficult to Deny
Before Zofran was prescribed as an off label treatment for morning sickness, it was developed as an aid to those suffering nausea due to cancer treatments or following surgery. GlaxoSmithKline knew that it would not be able to receive approval to market the medication to pregnant women, so it offered incentives to doctors to prescribe it off label instead. Since then, Zofran use has been linked to the following conditions.
- Holes in major organs such as in the heart, kidneys or lungs.
- Failure of organs to form properly during pregnancy. In some instances, organs are missing entirely.
- Cleft lip and cleft palate.
- Brain damage that includes or results from missing sections of the brain. In severe cases, children die from their conditions quickly after birth.
- Neurological and developmental disorders.
GlaxoSmithKline has decided so far to dispute any claim that Zofran impacts the development of unborn children even though evidence has surfaced to suggest that research conducted by its own employees resulted in the conclusion that there was a significant risk of harm. The most conclusive evidence being brought against the Zofran maker surfaced in December of 2014, however, when blood samples taken from the umbilical cords of pregnant women and newborns revealed that Zofran did indeed pass through the placenta. This dismisses any claims that the medication could not have had any impact on the children of mothers to whom it is prescribed.
Factors Influencing the Likelihood of a Settlement Offer
Despite strong evidence that suggests GlaxoSmithKline was completely aware of the damage its medication could cause to unborn children, it continues to remain brazen in the face of ongoing litigation. There are factors which may force the major pharmaceutical company to reconsider its tone and stance in the future, however. The financial impact of current and future litigation is going to determine the amount of leverage that victims filing Zofran lawsuits may have.
Of the factors that have potential influence on a settlement offer, the result of current cases that are being brought and the number of cases filed in the near future hold the greatest weight. As more victims begin to surface and file lawsuits, GlaxoSmithKline may begin to feel pressured to settle the lawsuits quietly and quickly. Additionally, the impact of the first cases will likely have far reaching affects for the victims and GlaxoSmithKline alike.
If the first cases go in favor of the victims, it could give way to a greater wave of cases as more victims feel secure in their chances of filing successful claims. GlaxoSmithKline could also cave before the resolution of the first wave if the number of cases being brought suggests it would be in the company’s best interest to cut its losses and attempt to mitigate the potential for financial loss.
How a Settlement Offer Affects your Zofran Case
In the event that GlaxoSmithKline offers a settlement to the victims of Zofran use, you may wonder how such a break would impact your case. First, it is important for you to recognize that you have the right to decline involvement in any settlement offer and that if you exercise that right, your case will proceed to trial or be subject to different settlement offers in the future. If you have not yet filed a Zofran lawsuit and believe that your child was harmed because you were prescribed this medication in your first trimester, now is the best time to build your case and make a claim.
Rosenfeld Injury Lawyers represents the victims of many pharmaceutical drug liability and malpractice cases and we are happy to keep you informed of the most current developments in the Zofran mass tort lawsuit. We would also be glad to discuss your own case with you during a risk free and confidential consultation. After a thorough evaluation, we will let you know how best to pursue a claim and detail all of your legal options so that you know exactly what you can expect each step of the way.
If for any reason we fail to secure compensation on your behalf, our services will be free of charge.