Nova Legal Funding now provides pre-settlement funding for your Zofran lawsuit. You do not have to face the extensive lawsuit process by yourself. Your pre-settlement loan can be used to offset many of the costs of litigation including personal expenses and medical costs. To apply give us a call (800) 760-0704 or complete our online application.
Zofran is the brand name for the generic medication ondansetron hydrochloride. It is manufactured by UK-based pharmaceutical company GlaxoSmithKline (GSK). Zofran has been an effective medicine used to treat nausea and vomiting. The drug is intended to treat patients receiving radiation therapy for cancer treatment. It is also administered for surgery or postoperative related nausea. The FDA had approved it for these applications. However, it has also become popular for pregnant women who experience nausea and vomiting throughout their pregnancy.
Many women who used Zofran had difficulties with birth. Because of the drug many children suffered birth defects, such as cleft palette, heart problems, and even spontaneous abortion. Physicians are partly to blame for Zofran cases because they encouraged its off-label use.
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The History of Zofran and Its Settlements
After nearly a decade without medication for morning sickness, Zofran was approved by the FDA in 1991. It was only approved to treat cancer patients recovering from some forms of radiation therapy. Before the 90s were done, the FDA stepped in for the first time. The FDA warned GSK in 1999 for its improper marketing practices. The FDA cited the company for inadequate representation of side effects and risks of the medication.
Things started going awry in 2001. Sales of Zofran had already reached over $850 million. In 2001 GSK started actively promoting Zofran to pregnant women to ease morning sickness. It was never approved for this use. Over the next ten years, conflicting studies came out about the risks of pregnant women using the drug. In 2006, Zofran lost its patent and doctors began prescribing a generic version of the drug known as ondansetron.
In 2011 the National Center for Biotechnology Information released a study that showed a direct link between Zofran and birth defects. The following year studies came out warning of abnormal heart beats as a result. These could be fatal. The FDA released updated and more severe warnings about the drug in 2013.
In July of 2012, GSK paid $3 billion in criminal and civil penalties to settle Department of Justice allegations that they promoted the drug in an off-label manner. There were also allegations that GSK paid commission to physicians for prescribing the medication.
The first lawsuit was filed by a Minnesota women on behalf of her two daughters born with defects. This was in early 2015. By the end of that year, over 150 cases existed. Now, more than 300 cases have been consolidated in MDL #2657 in the US District Court in MA. Judge F. Dennis Saylor is presiding over the cases.
One of the key cases in the suit is LeClair v. GlaxoSmithKline. Tomisha LeClair, like many other pregnant women, was prescribed Zofran. According to her case, her baby was born with hearing loss, webbed toes, and extreme sensitivity to light. Many women are claiming that if they had known that the risks of taking Zofran, they would have never taken the risky drug.
Adverse Effects of Taking Zofran
Zofran is listed as a Category B medication for pregnancy. This means that the medication is not safe for use with pregnant women. Regardless of this fact, the company did not make this known to clients. Physicians knowingly prescribed Zofran to pregnant women. Some of the potential birth defects Zofran causes include:
- Cleft palate
- Skeletal defects
- Abnormal heartbeats
- Still birth or spontaneous abortion
Research from Denmark of almost 1 million pregnancies shows a 30% risk of birth defects, including a 50% risk of heart defects. Another study found a nearly 2.5x risk of cleft palettes in babies.
How Much is My Zofran Case Worth, and When Will it Settle?
GlaxoSmithKline has already agreed to pay money that is related to these cases, though not for the victims themselves. They paid $3 billion in fines due to falsely promoting their products. It was the largest settlement ever by a pharmaceutical company. Clearly this shows that they realize something is wrong.
This doesn’t guarantee that the victims will receive money, but it’s a good step. The specific amounts that each person may receive will depend on a few different things. These include:
- how long the drug was taken
- what side effects happened to the child
- where the case has been filed (if it’s part of the MDL)
The greater these factors are, the more money you could be entitled to if this case eventually settles.
GSK is a rich company. Like many pharma giants, they may try to stretch these case out to try to get the plaintiffs to settle for smaller amounts. In fact, at the end of last year they tried to have all the lawsuits dismissed. This is sometimes a stall tactic employed by defendants. Fortunately the request was denied.
More cases are being added to the MDL every month. Adding more cases could either push GSK into waiting longer, or it might spur them on to try to resolve these cases. Either way, time doesn’t stop while you wait for your settlement. Neither do your bills.
How Much is My Pradaxa Case Worth?
The first round of settlements has been completed and most clients have been paid out of the initial settlement. At $650 million to settle roughly 4000 cases, each client was award an average of more than $160k.
Attorneys are still gathering new cases, however, to go after as patients are still coming forward who have suffered from the drug. In most cases when there is an initial settlement, future rounds of settlement could settle for less. This is not always the case. Some patients are being advised to expect comparable numbers to the first settlement.
The pharma industry is a tough beast to go against. Take GSK alone. In 2001, Zofran sales alone were over $850 million. That was before GSK actively started targeting pregnant women. The next year the sales jumped to over $1.1 billion. Many clients can feel intimidated by such a rich entity. Many plaintiffs are fighting, though.
To qualify for a loan, there are many factors that will determine the outcome. Two of the two most important variables we consider are the extent of damages your child has sustained, and the district in which your case is tried. Additionally, to qualify you must:
- have taken Zofran
- have a child suffering from any of the listed side effects
- have an attorney handling your case.
If you are unsure that we fund your specific case type, give us a call. We will help you determine if we can get you some funding.
Why Should You Pick Nova Legal Funding for Your Loan?
There are many advantages to working with Nova Legal Funding. We care about your privacy and will keep your information confidential. There are no fees to apply with us. You don’t owe any money back until your case settles. Best of all, we can get you among the best rates in the industry. Keep in mind your loan is risk free.
January 21st, 2021
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