My son lived 3 days before dying to birth defects. Zofran the cause?

I practice mass torts, focusing on drugs and devices, so this is my wheelhouse. Just to give you some general information:

There are many firms accepting cases right now; Zofran is a very hot litigation in the mass torts area that is just getting started. Lots of attorneys are looking for this case.

Zofran should not have been prescribed to pregnant women like it was-- it was prescribed off-label (Zofran is an anti-nausea drug for approved for cancer patients), at the insistence of drug reps marketing it to OBs. The drug company that makes Zofran used a Danish study that has since been debunked to convince OBs to prescribe it. The focus is more in going after drug companies than doctors for 2 reasons: 1) drug companies are better targets (deeper pockets/juries don't like them as much), and 2) doctors can argue it was the standard of care to prescribe Zofran at the time (fact question), but drug companies cannot argue that they were marketing Zofran within the label. Because it definitely was not labeled for use in pregnant women.

So please contact a mass tort attorney as soon as possible; it is really important to make sure you do not blow a statute for any plaintiff. That means contacting an attorney as soon as you suspect something. It's hard to know what your statute cutoff is without all the facts, so definitely call a lawyer as soon as possible.

I am going to tell you now that I will not represent you, unless I happen to receive an inquiry from a non-anonymous channel through my firm. I am not trying to advertise here, and to the extent I have just given advice, it is intended to be information offered to the public, and it is not representation. I would be breaking some important ethical rules if I used this forum to do that. I would also like to preserve my anonymity. That does not mean that I think you have a bad case, or that I even wouldn't want to take your case otherwise. As I have indicated, a lot of firms are currently taking cases like yours.

My best recommendation on finding representation is to Google "zofran lawsuit" TODAY and find a firm who has blogged about the litigation on their website. Look for a site that has attorney profiles; otherwise it might be a marketing firm's site and sometimes they don't always know what they are doing. Although Zofran is so hot right now, I would be shocked if they couldn't find a really good firm to take your case.

You might also google "zofran mdl" and see what firm is leading the charge on getting these cases coordinated on a nationwide basis. Their clients usually end up doing the best at the end. They are also the firms that are really sticking it to the drug companies in the most direct way.

I am so so sorry about what happened to your baby and to your family because of this greedy company's unethical practices. The civil justice system is the way we hold these companies accountable, and I wish you all the best in getting justice for your son.

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