Considering filing an individual zofran lawsuit rather than a class actionComplications resulting from the use of Zofran during pregnancy are being alleged by a growing number of women who used the drug during the first trimester of pregnancy to treat severe morning sickness. Women who were treated for morning sickness with the anti-nausea medication Zofran (generic name ondansetron) and whose baby is born with oral clefts, heart and kidney defects, musculoskeletal defects, or if their baby suffered from poor fetal development or fetal death may be able to hold the drug manufacturer accountable for the injuries caused by the drug, and the company’s failure to warn women and their physicians about increased risks of birth defects when babies are exposed to Zofran in the womb.


Zofran was approved for the U.S. market in 1991 for patients receiving certain types of radiation or chemotherapy treatments as well as for patients following surgical procedures, to help control nausea and vomiting. It has never been approved for the treatment of nausea and vomiting in pregnant women (NVP), though the drug is being increasingly prescribed by physicians for that off-label use.


Bernstein Liebhard LLP encourages any woman who feels they may have been harmed by fetal exposure to Zofran, or any parent who believes their baby suffered birth defects due to the use of Zofran during pregnancy and who may file a Zofran lawsuit, to consider filing an individual lawsuit instead of a class action. When cases are consolidated to a class action, any damages that may be awarded are dispersed among the class entire, no matter how severe the injuries of the individual victims. When an individual lawsuit is filed, the court bases its judgement on the injuries suffered by that individual and damages are awarded to only the plaintiff. Because the injuries sustained as an alleged side effect of Zofran vary widely from person to person,it would be most beneficial for most people to file an individual complaint.


History of Zofran (Ondansetron)


The nausea medication Zofran is available as tablet, liquid, or injection, and is listed in a class of drugs interact with brain receptors. Zofran is an 5-HT3 serotonin receptor antagonist. According to the label, the most common side effects of Zofran are constipation or diarrhea, fatigue, or drowsiness. Signs of an allergic reaction to Zofran include fever, chills, hives, trouble breathing, and swelling of the throat, tongue, lips, or face.


However, Zofran has also been associated with more severe side effects. In fact, babies who are exposed to Zofran while in the womb may be born with serious birth defects that include:


  • oral defects like cleft lip or palate
  • heart defects including heart murmur, atrial septal defect, and ventricular septal defect
  • musculoskeletal defects
  • poor fetal growth
  • kidney defects including hydronephrosis
  • fetal death


A number of studies have explored the associations between Zofran and a range of congential defects defects. In 2013, research published at the International Society of Pharmacoepidemiology in Montreal suggested that over 4 percent of women who used Zofran in early pregnancy had babies with birth defects and also that Zofran use in the first trimester can increase by two-fold the risks of the baby being born with a heart defect. Researchers analyzed 13 years of data from 900,000 women in a patient registry and concluded that overall, babies born to mothers who used Zofran were significantly more likely to have a birth defect than babies born to mothers who did not use the drug during pregnancy.


Considering a Zofran Birth Defect Lawsuit or Zofran Class Action?


If you are considering filing a Zofran birth defect lawsuit, contact Bernstein Liebhard LLP to learn more about filing an individual Zofran or class action lawsuit for your injuries or the injuries suffered by your child. You may be entitled a monetary recovery of for wages lost due to birth defect related treatments or therapies, medical expenses, as well as for your pain and suffering. Call us now for a free case evaluation 1-844-4-ZOFRAN.

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