BIRMINGHAM, Ala. (CN) - A mother has sued GlaxoSmithKline in Federal Court claiming her son was born with a "myriad" of heath issues, including a chromosomal defect, after she was given the drug Zofran to treat nausea during her pregnancy.
Julie Hunter filed the lawsuit on behalf of her son Talon, who is now 8 years old, and who is considered a special needs child due to his numerous medical issues.
According to the lawsuit, Julie Hunter was given Zofran by her doctor while she was pregnant with Talon in 2006. Shortly after his birth, the doctors discovered he had a high, narrow pallet and extra digits. Weeks later, Talon was diagnosed with a distended kidney and ureteral disorder. At nine months old, Talon had his first seizure and he has been "nonverbal" his entire life.
The lawsuit states that Talon was diagnosed with a chromosomal defect, specifically a "duplication of the long arm of his 13th chromosome, which was found to be the cause of his myriad health issues." Plaintiff Foster says in her complaint that she was tested along with her husband by a geneticist and neither of them has any chromosomal issues that could have been passed onto their child.
The lawsuit accuses GlaxoSmithKline of making a drug that was "defective and unreasonably dangerous" to Talon, who will deal with health issues the rest of his life.
Hunter seeks compensatory damages on claims of negligent failure to warn, breach of warranty, negligence, wantoness, strict liability, and violations of the Alabama Extended Manufacturer's Liability Doctrine.
She is represented by Lloyd Gathings of Birmingham.
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