As is the case with numerous medications, Zofran is currently being used in ways beyond what the drug was approved for. Currently, Zofran is being used to treat morning sickness in pregnant women. This has created a serious risk of harm to mothers and their unborn children, and has been linked to serious birth defects. It seems logical to assume that any mother who took Zofran during pregnancy may have a valid product liability lawsuit if her child suffered birth defects. However, the law does not treat all medications exactly the same, and this is a growing concern for many consumers.
If you have taken Zofran, it is possible that you were prescribed the name-brand drug, and consumed the name-brand drug dispensed by your pharmacy. It is equally possible that you have consumed a generic equivalent of Zofran. In such cases, the laws may treat a potential product liability claim a little different. The United States Supreme Court has made it more challenging to file suit against generic drug manufacturers, but has not made it impossible. Given that a brand-name drug is supposed to be no different than a generic equivalent, it is unfair that the two should be treated differently at law. However, laws change all the time, and many individuals have in fact been successful in generic drug cases.
If you were prescribed Zofran, and consumed Zofran or its generic equivalent, you may be entitled to compensation if your child suffered birth defects. In order to determine if you took the brand name version of the drug, you should review your pharmacy records and pill bottles. The generic equivalent of Zofran is called “Ondansetron.” Oftentimes, this is the name you will see on your pharmacy records or pill bottles if you were given the generic equivalent, but this is not always the case. Regardless of whether or not you took brand name or generic Zofran during pregnancy, if your child suffered birth defects, it is well worth your time to investigate whether or not you may be entitled to compensation for you and your child’s suffering.
Zofran is just one of a variety of medications that has been linked to birth defects. It is unfortunate that so many medications exist today that have the potential to cause serious harm to innocent families. When it comes to prescription medication, there are a variety of factors that must be considered when evaluating whether or not you have a claim against the manufacturer of the Zofran and/or the generic equivalent that you may have taken. Because generic drug cases are not always evaluated in the same way as brand drug cases, it is important that you have a qualified Pennsylvania Zofran Attorney review your potential case right away. If your child suffers from any birth defect, and you were taking Zofran at the time you were pregnant, there is a chance that the Zofran did in fact cause your child’s injuries. If you would like to learn more about your potential Zofran case, contact the skilled Zofran Attorneys of Lundy Law right away. With offices in Pennsylvania, New Jersey, and Delaware, our attorneys have the resources to help clients from all over the country. To discuss your situation with one of our attorneys, contact Lundy Law today by calling (800) LundyLaw to schedule your free consultation.