QUESTION

How Much May My Child Receive for a Zofran Birth Defect Settlement?

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ANSWER

Children born with birth defects or congenital malformations following exposure to Zofran before birth may be entitled to financial compensation as a result of GlaxoSmithKline’s failure to adequately warn women and the medical community about the risks associated with using the anti-nausea drug during pregnancy.

The Zofran litigation emerged in 2015, but families throughout the U.S. continue to file new complaints on behalf of children born with cleft palate, cleft lip, atrial septal defects and other heart malformations.

While lawyers remain confident that GlaxoSmithKline will be required to pay substantial compensation as a result of the decision to place their desire for profits before the safety of unborn children, there have been no reports of any families receiving a Zofran settlement, and it will likely be several years before the first cases go to trial.

As the first Zofran trial dates approach, the drug maker will face increasing pressure to consider settling cases.

Factors Considered in Settling Zofran Lawsuits

While each of the Zofran cases involve similar allegations, the amount of any settlements will ultimately be based on what a jury would award based on the individual circumstances and injury suffered in each case.

As part of coordinated proceedings established in the federal court system, it is expected that a small number of cases will be prepared for early trial dates over the next few years. Known as “bellwether” cases, these lawsuits will be closely watched, as they may help gauge how juries are likely to respond to certain evidence and testimony regarding the link between Zofran and heart defects, cleft palate, cleft lip or other congenital malformations.

Find Out If Your Child Is Due a ZOFRAN SETTLEMENT

Saiontz & Kirk, PA, Attorneys & Lawyers, Baltimore, MD

Although the outcomes of these trials will not be binding in lawsuits filed by other families, they will likely influence eventual settlement negotiations.

In each individual case, the settlement will be based on what a jury is likely to award if the lawsuit goes to trial. In determining the amount of any Zofran damages to award, the following are some of the common factors that a jury may consider:

  • The extent and duration of the Zofran birth defect, including the medical care or treatment required as a result of the injury.
  • The effect that the birth defect from Zofran has on the overall physical and mental health or well-being of the child.
  • The pain and mental anguish suffered in the past and which will likely be suffered in the future.
  • Any long-term injuries that may affect the plaintiff’s future health or enjoyment of life.

With at least one to two years of additional discovery likely to occur before the first claims go before a jury, there is no indication that GlaxoSmithKline will consider settling Zofran lawsuits in the near future. Plenty of time still remains for families to determine whether their child may be eligible for a Zofran settlement.

Find Out If Your Child May Qualify for a Zofran Birth Defect Settlement

The personal injury lawyers at Saiontz & Kirk, P.A. provide free consultations and case evaluations to help individuals determine whether they may be entitled to pursue financial compensation as a result of a birth defects diagnosis following use of Zofran.

After calling our office at 1-800-522-0102 or requesting a free case review on-line, the facts and circumstances surrounding your potential Zofran case will be reviewed and evaluated by our lawyers.

If it is determined that your child may eventually be eligible for to settle a Zofran case in the future, it is your decision whether to hire our law firm.

All lawsuits are handled by our attorneys under a contingency fee agreement, which means that there are no fees or expenses paid unless a Zofran settlement or recovery is obtained for your child.

Austin Kirk

Last Updated November 16, 2016
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18 Comments

18 Comments • Add Your Comments

  • Consulela says:

    My son was born with jaundice.

    Posted on January 3, 2016 at 10:46 pm

  • Dawn says:

    My son was born with a VSD, hole in his heart. I took zofran for nausea the entire pregnancy, he is now 15

    Posted on June 8, 2016 at 11:05 am

  • Deanna says:

    My son was born with renal failure one kidney has to be removed and the other has hydrosis on the one functioning he’s 3 and I took zofran my whole pregnancy.

    Posted on July 19, 2016 at 7:06 pm

  • Mary says:

    I took zofran for nausea during the entire time.of pregnancy. I was pregnant with twins, a boy and a girl. The boy was born with one kidney. They are now 13 years old.

    Posted on August 16, 2016 at 5:55 am

  • Sheri says:

    My baby was born with a heart defect. She was diagnosed at 2 weeks old and was sent for an echo and to a heart specialist in Alexandria, Louisiana

    Posted on October 5, 2016 at 8:10 pm

  • megan says:

    my son was born with a muscular skeletal defect in his foot causing walkin development issues, shoe issues pain. underwent one surgery already at 18 months, awaiting possible 2nd. he was born 02/2015, i took zofran for nausa during that pregnancy.

    Posted on December 10, 2016 at 12:21 am

  • Joe says:

    My wife took zofran (the generic version) for a few weeks in the first trimester. Our son was born with HLHS and has already undergone 2 open heart procedures and need one more. He will be 3yrs old in feb. I joined a class act lawsuit more than a year ago but the firm has not been updating me at all and they recently passed those cases to a different firm. They were telling me that we don’t have a good chance of winning because my wife was give the generic version. I’m pretty pissed off.

    Posted on December 25, 2016 at 10:41 pm

  • Marcus says:

    my son was born in 2011 he had heart murmurs and pfo-psa…he also has major kidney issues as well, spinal biphida and imperforated anus I hope justice is swift and quick. I hope zofran pays dearly for their negligence and dereliction of duty someday they may suffer as much as children have

    Posted on January 5, 2017 at 3:18 pm

  • Teresa says:

    I took zorfran in 2010 while pregnant with my son, he was born missing a rib, and the ribs on that side with one missing were raised, he has no sphincter on his esophagus and has scoliosis.

    Posted on January 16, 2017 at 3:02 pm

  • Scott says:

    My daughter took zofran for all 3 pregnancys my granddaughter is 6 and in kidney failure my 5year old grandson has deformitys in his skull his eyes are all messed up my 3 year old grandson has a eye problem that the doctor says will cause blindness by the age of 3 I don’t understand how these companies can do this to people especially babies they should be shut down

    Posted on March 3, 2017 at 2:37 am

  • Sabrina says:

    I took Zofran and my son was born with Chiari malformation, hydrocephalus, syringomeilia, cross fused ectopic kidney, has had to have brain surgery because the Chiari malformation was crushing his brain. He also has epilepsy now.

    Posted on April 2, 2017 at 3:42 pm

  • Michelle says:

    I DONT UNDERSTAND ANY OF THIS NOR CAN I FATHOM THE LACK OF RESPONSIBILITY THAT THESE GENERIC COMPANIES ARE GETTING AWAY WITH! Please,someone prove to me that they were putting there “GENERIC” versions out there TOTALLY IGNORANT AND OBLIVIOUS TO THE FACT THAT IT WAS BLACK LABEL!! Or what was starting to arise with these precious babies from the “ZOFRAN” version!?
    Well I’ll tell ya this, I’d like Mylan or whoever to tell my 7yr old son who was born with TWO SMALL HOLES IN HIS HEART-NO RT EAR OR ANY ANATOMY THEREOF-UNDERDEVELOPED RT JAW-SLOPING RT EYE AND FACE- MISHAPEN SKULL/CRANIOFACIAL DEFORMITIES-NARROWED AIRWAY and ALL TIED IN WITH RESPIRATORY FUNCTIONS-TORTICOLLUS-and as of last couple years-MANY DEVELOPMENATAL ISSUES-THE TUMOR ON LEFT SIDE OF BRAIN HAS LARGENED -and most likely from Tumor,EPILEPSY with ATONIC/CLONIC SEIZURES!
    My baby breaks my heart everyday because there is just no justice in this world and he has to suffer for life! I want to take his pain away and I can’t!!! He s so sweet and such a trooper but it’s changing him -and I can see that sweet ,beautuful, happy boy turning to a boy who doesn’t want nor need to suffer! I hate these drug/ins etc, co. And that’s a strong word! But who or what or when will SOMEONE seek justice?

    Posted on June 2, 2017 at 10:38 pm

  • Cortney says:

    I am a mother of two year old twin girls…..one suffers from tachycardia and junctional arythmia…..her twin sister also has a heart murmer…….cardiology appointments have consumed their shirt lives……I took zofran my entire pregnancy…….no heart defects in eigther blood line of me or their father…….THIS IS HORRIBLE!!!!!!!!

    Posted on July 2, 2017 at 11:27 pm

  • Julie says:

    I have boy an girl twins also an my babygirl has only one kidney and both born with jaundice… this is horrible. .

    Posted on July 31, 2017 at 12:47 am

  • Shannon says:

    I took zofran my whole pregnancy. My daugther was born 2/13/14. Five weeks after she was born, she was diagnosed with scimitar syndrome. It’s a rare heart defect. She is three now. It has been a very long and hard road. There are things she can’t do. She is scheduled to have her open heart surgery in about 8 months. She is a brave little girl and nothing stops her.

    Posted on August 21, 2017 at 1:35 pm

  • Daphanie says:

    I took zofran my entire pregnancy and my daughter was born with a heart defect. After under going open heart surgery at 3 days old she developed and over whelming infection and died at 32 days old….

    Posted on October 14, 2017 at 2:11 pm

  • Shayla says:

    My daughter now 3 years old was diagnosed with CP cerebral palsy and born with half a brain and is blind she can not see or walk or talk and I took zofran y entire pregnancy for nausea

    Posted on February 5, 2018 at 9:31 pm

  • Anakah says:

    I took Zofran my entire pregnancy. I was 6 months pregnant when finding out my son had a major heart defect called hypoplastic left heart syndrome. He is no longer alive.

    Posted on May 9, 2019 at 12:15 am

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