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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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Caution to Mothers with Morning Sickness: Be Careful What Nausea Drugs You Take

Many doctors prescribed Zofran to expectant mothers to combat their morning sickness, but new lawsuits are emerging that claim the drug causes birth defects.

Nearly 60 lawsuits have been filed by mothers across the nation alleging that use of the prescription drug Zofran during their pregnancy caused their babies to be born with birth defects. My Fox Boston recently profiled a mother who says her baby needed open heart surgery immediately after she was born. The baby eventually went on life support and had to be fed with a feeding tube.

Zofran is approved by the U.S. Food and Drug Administration to treat nausea, but specifically for cancer patients. The lawsuits allege that prescribing Zofran to treat morning sickness is an off-label, unapproved use of the drug that can cause birth defects.

GlaxoSmithKline, Zofran’s manufacturer, is at the center of these lawsuits. More than four dozen mothers have filed claims against the company, asking the company to provide financial compensation so the children born with birth defects have the resources necessary to get the best possible treatment and care for the remainder of their lives.

This is not the first time GSK has come under fire for Zofran. Back in 2012, the company agreed to pay $3 billion to settle claims that it unlawfully promoted and failed to report safety data for various drugs, Zofran not excepted.

GSK maintains that these new birth defect lawsuits are unfounded. The company does not disagree that these babies were born with serious birth defects such as cleft lip, cleft palate, and heart defects, but rather it claims that Zofran use during pregnancy is not the cause.

What about women who took Ondansetron tablets? Ondansetron is the generic version of Zofran. Women who were prescribed these tablets to treat morning sickness unfortunately do not have grounds to file a lawsuit against GSK over birth defects. Only women who were prescribed name-brand Zofran and birthed babies born with defects have potential grounds for filing a claim.

If you or someone you know took Zofran to treat morning sickness during pregnancy and gave birth to a child with serious birth defects, we invite you to contact the Zofran injury lawyers at Domina Law Group today to discuss your potential lawsuit in a consultation.

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