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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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Potential Birth Defects Caused by Zofran

The drug Zofran was originally approved by the U.S. Food and Drug Administration (FDA) as a way to combat nausea and vomiting in brought about by radiation therapy, chemotherapy, and other treatments used to combat cancer. Use of Zofran blocks serotonin, a substance naturally produced by the human body that causes vomiting.

While this may have been the original intention for Zofran, its manufacturer, GlaxoSmithKline, marketed the drug as a way to mitigate morning sickness felt by pregnant women, despite the fact that the FDA never approved the use of Zofran by pregnant women. Since the company began pushing their drug towards pregnant women, a variety of birth defects have been potentially linked to Zofran, including:

  • Kidney defects
  • Heart defects
  • Skeletal defects
  • Cleft palate
  • Stillbirth
  • Jaundice
  • Dangerously low birth weight

In 2012, GlaxoSmithKline agreed to pay $3 billion in a payout in order to settle federal charges resulting from claims that Zofran, as well as other drugs, were illegally promoted. Despite this payout, GlaxoSmithKline has not stopped promoting Zofran as a way to combat morning sickness, and the FDA has not stopped it from being prescribed to pregnant women. Along with the potential birth defects, Zofran potentially causes side effects that also affect the mother:

  • Difficulty breathing
  • Rashes
  • Irregular heartbeat
  • Dizziness
  • Fainting
  • Constipation
  • Body swelling
  • Difficulty swallowing
  • Shortness of breath

Domina Law Group is currently investigating claims of birth defects potentially caused by exposure to Zofran while still pregnant. If you took Zofran while pregnant and your child was born with a birth defect contact our birth injury lawyers today. You can either visit our website to fill out our online case evaluation form, or call us at (888) 387-4134 to set up a meeting with one of our birth injury attorneys.

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