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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Lawsuit Filed in Alabama Claims Zofran Caused Birth Defects

An Alabama woman recently filed a federal lawsuit alleging that her use of the anti-nausea drug Zofran during her pregnancy caused her son to be born with birth defects.

A new lawsuit filed in the U.S. District Court in Birmingham accuses GlaxoSmithKline of “negligent failure to warn, breach of warranty, negligence, wantonness, and strict liability” over its anti-nausea drug Zofran. The woman filing the suit claims that her use of the drug during her pregnancy caused her son to be born with multiple birth defects, including a high narrow pallet, extra fingers, a distended kidney, and glaucoma.

This is not the only lawsuit of its kind to be filed against GSK. There is another one currently pending in the U.S. District Court of Montana filed by a mother who claims taking Zofran during her first trimester caused her son to be born with a cleft palate.

The parents in Alabama were both tested by a geneticist who ruled out chromosomal issues as a possible causative factor, meaning the boy’s defects are not genetic. The lawsuit claims that the boy will have to live with these health issues for the rest of his life.

Studies of Zofran in the past had concluded that the drug did not cause birth defects, but the most recent studies have found that women who take Zofran during their pregnancy were at a 30 percent increased risk of having children with birth defects such as cleft palate.

Domina Law Group is currently investigating claims involving GlaxoSmithKline’s anti-nausea drug Zofran and its possible consequences for pregnant women. If you took Zofran during your pregnancy and your son or daughter was born with one or multiple defects, we invite you to contact our Omaha, Nebraska injury lawyers for a review of your case.

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