For the vast majority of new moms and dads, the birth experience is a beautiful one. Though it does not come without pain and anxiety, the result is well worth the trials. However, for some, the happiness of birth is diminished as realization sets in that the child is suffering from some form of birth defect. It is said that as many as seven percent of all births showcase some form of birth defect or birth injury, but the majority of those are very minor examples.
It is a case like the one seen several years ago, which is now coming to the courts, that really makes a parent’s heart ache. A child was born with a distended kidney, too many fingers on his hands, and a malformed pallet. It was clear that this child was not going to have an easy start to life, and it soon became clear that the challenges would continue beyond the correction of the physical abnormalities. By the age of two, he was experiencing seizures, and it was clear that he would never speak. The parents were facing a lifelong ordeal, and the poor mother was contending with much more. She was also suffering from massive amounts of guilt, as research into the drugs used during her pregnancy revealed that it was an anti-nausea medicine that was likely to blame for all of her son’s troubles.
Now a case has been brought against GlaxoSmithKline. This is the company that manufactures Zofran, an anti-nausea medication regularly prescribed for women who suffer with morning sickness.
Though morning sickness is common, for some women it can become troubling, preventing the necessary weight gain for a healthy pregnancy and making it hard for the woman to eat at all. Zofran has become one of the go-to tools for treating these cases, but now, evidence suggests that the women and their children are being endangered when using it.
The mother of the boy mentioned above is now suing the company, suggesting that proper warning was not given regarding the potential dangers to the unborn child.
This is not the first lawsuit of its kind. Another was brought against GlaxoSmithKline on behalf of a child who suffers from serious heart defects. This plaintiff insists that the company did not take proper precaution before suggesting Zofran for women suffering with morning sickness. There is no evidence of clinical trial testing the impacts on unborn fetuses. Furthermore, the lawsuit alleges that GlaxoSmithKline has already received more than 200 reports of birth defects related to the use of Zofran, but has taken no action to prevent the continued use by pregnant women in the St. Petersburg area or throughout the rest of the country.
A drug that causes birth defects is called a teratogen. There are many prescription medications that fall under this title, but Zofran has not been listed as such yet. When medications like this are prescribed with the knowledge that they could be causing birth defects, there is a moral issue at hand.
However, in order to file a claim for birth defects, you must prove that the drug is likely connected to the health complications. Furthermore, you must show that the manufacturer did not provide adequate warning regarding the drug’s possible side effects, and that the birth defects cannot be explained by genetics heredity, disease, or any other such variables. That means that you will need a trusted medical expert on your side. A Saint Petersburg personal injury attorney can help you consider all of these details to create a very solid case.
It is important to note that, in cases like this, it is the child who has suffered a wrong-doing. Therefore, the child is listed as the Plaintiff and he or she will receive any damages awarded by the court. This is generally set up as a trust and those monies can be used to cover the costs of continued medical care.