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Siskinds LLP seeks to recover compensation for Canadians born with birth defects resulting from their mothers’ use of prescription Zofran to treat morning sickness. Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents.

Zofran is approved to treat nausea and vomiting in patients following chemotherapy, radiation or surgery. Zofran is available in injection, tablet, orally disintegrating tablet, and oral liquid formats.

Zofran was Never Approved for the Treatment of Morning Sickness

Zofran has been prescribed off-label to treat morning sickness in pregnant women. Meaning, Zofran was prescribed to pregnant women experiencing morning sickness, even though the manufacturer of Zofran never tested or sought approval for this use.

Zofran Increases the Risk of Birth Defects

Some studies have noted an association between Zofran use in the first trimester of pregnancy and birth defects.

Birth defects associated with Zofran include:

  • heart defects
  • septal defects
  • cleft lip
  • cleft palate
  • kidney defects
  • musculoskeletal defects
  • and other congenital conditions that may require invasive medical interventions.

This class action relates to allegations that the defendant failed to adequately warn pregnant women and their health care providers that use of Zofran during the first trimester of pregnancy increases the risk of birth defects.

Are You Part of the Zofran Class Action?

If you were prescribed Zofran during for first trimester of pregnancy to treat morning sickness, and your child suffered birth defects, we encourage you to join Siskinds LLP’s Zofran class action.

Developments

The class action is in its early stages. The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the litigation is properly prosecuted as a class action.

CTV Story on Zofran - December 7, 2015

 

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions). Do I have to pay anything to participate in the class action? Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Zofran class action?

You are affected by the class action and are a “class member” if your mother used Zofran during the first trimester of pregnancy and you were born with congenital cardiac (heart) malformations and/or oral clefts (cleft lip and/or cleft palate). You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person born with a congenital malformation and/or oral cleft).

What should I do to protect my rights?

To protect your rights, you should:

•    Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.

•    Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).

•    If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms. If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

•    Any expenses reasonably incurred for the benefit of the class member.

•    Travel expenses incurred in visiting the class member during his or her treatment or recovery.

•    Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).

•    If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1-800-461-6166.

Documents

Quebec proceedings

The class action is in its early stages. The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the litigation is properly prosecuted as a class action.

CTV Story on Zofran - December 7, 2015

 

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions). Do I have to pay anything to participate in the class action? Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Zofran class action?

You are affected by the class action and are a “class member” if your mother used Zofran during the first trimester of pregnancy and you were born with congenital cardiac (heart) malformations and/or oral clefts (cleft lip and/or cleft palate). You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person born with a congenital malformation and/or oral cleft).

What should I do to protect my rights?

To protect your rights, you should:

•    Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.

•    Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).

•    If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms. If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

•    Any expenses reasonably incurred for the benefit of the class member.

•    Travel expenses incurred in visiting the class member during his or her treatment or recovery.

•    Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).

•    If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1-800-461-6166.

Quebec proceedings

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