Zofran is a drug that is often used to treat nausea, but it has also been marketed in a negligent manner as a treatment for morning sickness. The problem is that Zofran has not been tested on pregnant people and it's not clear if it would lead to birth defects. Therefore, by failing to provide an adequate label that warns of potential side effects, you may be entitled to compensation for your injuries.
Liability for a Birth Defect
To be able to receive compensation for a birth defect caused by Zofran, your child will first need to suffer from a birth defect that will lead to you suffering damages. You must show that the other party was negligent in failing to warn you of the potential risks associated with the medication. You must also show that the birth defect was directly caused by Zofran.
Because it has not yet been proven that Zofran can cause any birth defects, you may need to wait for more research to become available. If you're not sure if you'll have a case, the best decision is to speak to a birth defect attorney.
Birth Defects That May Be Caused by Zofran
There are several birth defects that could result from Zofran. The most common types of defects are heart defects. For example, there is a greater risk for your child suffering from a hole in their heart. This can lead to lung damage and other life-threatening complications.
Your child might also develop a split in the roof of their mouth known as cleft palate. This can affect the nose, gums, and lips. Fortunately, the prognosis is good if your child undergoes several surgeries.
Zofran can also lead to fluid buildup in the kidneys. However, evidence for this is based on a small sample size. When your child suffers from any of these defects, the defense will attempt to argue that the defect was not actually caused by Zofran. Therefore, you will need legal help when building your case.
To prove that Zofran was responsible for your child's birth defect, you will need help from a birth defect lawyer and a witness who can explain how the defect is directly tied to the use of Zofran. You'll also need to prove that you were not sufficiently warned of the risks and that you deserve compensation for the negligence of the Zofran marketers.
Contact a birth defect attorney for more information.Share