The case of GlaxoSmithKline was recently made into a movie called “ZOFRAN lawsuit”, starring Leonardo DiCaprio and directed by Tom Cruise. The movie is based on the real case of a man who was able to sue GlaxoSmithKline, the company responsible for producing the Zofran diet pill, for knowingly exposing him to harmful additives. The plaintiff’s lawyer in this case, John Coale, pursued a class action suit against GlaxoSmithKline, which they eventually lost. So what exactly went wrong? GlaxoSmithKline knew that their product had dangerous ingredients that could cause birth defects, but they continued to allow it to be sold, due to the fact that it was a prescribed item and they didn’t think a lawsuit would be successful.
Zofran Lawsuit Update
This isn’t an isolated incident. Many other diet drugs have been recalled due to dangerous ingredients that can cause birth defects. GlaxoSmithKline was also aware of their product being defective, yet they continued to sell it. In one case, a California woman was killed due to taking the incorrect dosage of glaxoSmithKline acetaminophen. Her husband took the drug during a time when he became very ill and missed several days of work due to his illness, which could have easily resulted in his death if he’d been using the product as directed.
Many of the recalled prescription and over-the-counter drugs had one or more preservatives in them, including parabens, acrylamide, benzyl peroxide, disulfiram and other known or suspected toxic agents.
These products were intended for use only during pregnancy and had to be accompanied by a physician’s warning before use. Unfortunately, many women just assume that they’ll be safe if they take a product that’s been recommended by their doctor. Unfortunately, this doesn’t always result in safer use, and one study showed that women who took a popular brand of paraben called ethinylparaben had a three times greater risk of developing breast cancer in their first pregnancy. This is a startling finding, since most medical professionals recommend that they wait until the woman is eight months pregnant to try to avoid such problems.
Zofran has filed a lawsuit against its manufacturers, claiming that the makers knew that their product contained dangerous levels of lead and misbranded their product as “natural” in order to lure in consumers with lower costs.
As a result of this negligence, they have been repeatedly negligent in their duty of care to warn patients about the dangers of taking ethylparaben, disulfiram and other dangerous ingredients. When these products are used by pregnant women, they can cause serious birth defects and increase the likelihood that a woman will suffer from breast cancer as an adult.
A number of other lawsuits have also been filed against GlaxoSmithKline and its distributors, including AstraZeneca, Cepia and Green Mountain. Aetna, Kaiser Permanente, Blue Cross Blue Shield and Travelhealth have also been named in a class action suit brought by a Florida woman who was able to sue her own doctor and the company for negligence.
Although the doctors have since been named in legal actions, a class action suit on behalf of other women who have been injured by these and other companies remains pending. A class action lawsuit on behalf of the women who were injured by GlaxoSmithKline’s negligent manufacturing actions can only be filed with the help of an attorney who has had experience in personal injury cases like the ones being handled by Zofran.
Despite the negative press GlaxoSmithKline has received over the last few years due to its high profile settlements with major corporations, the company continues to deny any liability in the lawsuit.
In a statement to CNN, a representative stated, “Any suggestion that GlaxoSmithKline intentionally conducts business as it does is false and misleading. The safety of our patients is always our number one priority. We have rigorous compliance standards in place to ensure every product we sell complies with the safety regulations set forth by OSHA. We will not comment on pending litigation.”