LAFAYETTE – The makers of Zofran are being taken to court over claims that the drug caused birth defects.
Cicily Lafleur, individually, Justin Lee Thibodeaux, individually, and as parents and natural tutors of their son, Kaden L. Lafleur, a minor, filed a lawsuit on Feb. 23 in the U.S. District Court for the Western District Court of Louisiana, Lafayette Division, against GlaxoSmithKline LLC, citing claims of negligence, misrepresentation, fraud, and breach of implied and express warranty.
Cicily Lafleur claims that she was prescribed Zofran beginning early in her first trimester of pregnancy to alleviate morning sickness. The medication was allegedly prescribed by her health care provider in Lafayette. The suit states her son was born on Nov. 7, 2012, and shortly thereafter, Kaden Lafleur was allegedly diagnosed with congenital heart defects, which the plaintiffs argue were a direct and proximate result of his prenatal exposure to Zofran. Kaden Lafleur was allegedly forced to undergo surgery immediately after birth, and extensive follow-up treatment thereafter.
Both Cicily and Justin Thibodeaux allege that there is no history of birth defects in their families and believe that their son's current medical condition was a direct result of Zofran and defendant’s negligent actions. They allege that both Cicily Lafleur and her health care provider were unaware of the dangerous effects of Zofran or the fraudulent nature of defendant’s marketing of Zofran. Plaintiffs claim that the Food and Drug Administration has never approved Zofran for the treatment of morning sickness or any other condition in pregnant women but yet defendant’s marketed Zofran “off label” as a safe and effective treatment for morning sickness.
The parents claim that the defendant has not performed any clinical studies of Zofran use in pregnant women but continued to negligently and illegally misrepresented the product as safe for pregnant women, even though they allegedly were aware of the harm it could do. As a direct and proximate result of defendant’s actions, the plaintiffs allege to have incurred severe and permanent pain and suffering, mental anguish, emotional distress, past and future medical expenses, and other economic loss.
They are now suing for general damages; medical, incidental, and hospital expenses; pre- and post-judgment interests; for a full refund of all purchasing costs of Zofran; consequential damages; compensatory damages; punitive damages; the cost of the suit including attorney fees; and any other rewards deemed just by the court. They are seeking a jury trial and are represented by Casey H. Hargroder from Kebodeaux, Hargroder, & Alexander LLP in Beaumont, Texas.
U.S. District Court for the Western District of Louisiana Case number 6:16-cv-00248-RFD-CBW