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Women who gave birth to a child with a cleft lip, palate, or another defect may be eligible to file a Zofran
lawsuit that alleges its manufacturer’s failure to properly warn about this and other complications of the anti-
nausea medication.
Zofran (Ondansetron) or Zuplenz were originally approved in 1991 as a treatment for patients undergoing surgery or
cancer treatments such as chemotherapy and radiation, but is often prescribed off-label to treat morning sickness
in women. The drug has been associated with the risk for serious birth defects, however, when women take it during
pregnancy, especially in the first trimester. This is the infant’s most crucial stage of development.
The attorneys at Bernstein Liebhard LLP advise anyone who may be considering a claim against the medication’s
manufacturer, GlaxoSmithKline to file an individual complaint instead of a Zofran class action lawsuit. In a class
action case, damage rewards are often distributed evenly among a large group of individuals, regardless of their
alleged degree of suffering, or the monies they spent in out-of-pocket medical costs, or lost in wages when they
had to call out of work for Zofran-related injuries. Individual lawsuits are instead judged on injuries sustained
by a single plaintiff, and receive damage awards that are based off their issues alone. Particularly in the case
for Zofran injuries, an individual claim is more beneficial, as side effects of the drug may range in severity from
plaintiff to plaintiff.