“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny


Zofran Birth Injury Lawsuits

Did your doctor prescribe Zofran or the generic prescription drug ondansetron during your pregnancy to combat nausea and vomiting? Was your beautiful baby born with a birth defect? If your answer is yes, you may be entitled to substantial compensation for your baby’s injury.

Over the course of my more than 40 year tenure as a birth injury attorney, I’ve helped thousands of injured clients obtain hundreds of millions of dollars for their injuries.  I have the experience and financial resources to take on pharmaceutical giants, other large corporations, and anyone who has harmed my clients. If you were hurt by someone else’s negligence, call me today and I’ll Make Them Pay!®

What Is Zofran?

Zofran, the brand name for the generic drug ondansetron, is an FDA approved medication commonly prescribed to manage nausea and vomiting. Particularly in the context of chemotherapy-induced nausea and vomiting and postoperative nausea and vomiting. However, it can also be prescribed to pregnant women who suffer from daily nausea and vomiting.

FDA approved Zofran belongs to a class of drugs known as antiemetics. It works by blocking the action of serotonin, a neurotransmitter, in the brain. Serotonin is involved in triggering nausea and vomiting, and by inhibiting its effects, Zofran reduces these symptoms.

Pregnant women may be prescribed Zofran for a condition known as hyperemesis gravidarum. This is a severe and persistent form of morning sickness that can lead to extreme nausea, vomiting, and weight loss during pregnancy. It is different from the more common and milder morning sickness experienced by many pregnant women.

Here are some reasons why Zofran may be prescribed to a pregnant woman with hyperemesis gravidarum:

  1. Severe Symptoms: Hyperemesis gravidarum can be debilitating, causing excessive vomiting and nausea. Zofran can help alleviate these symptoms, enabling woman to maintain adequate nutrition and hydration during pregnancy.
  2. Preventing Dehydration: Persistent vomiting can lead to dehydration and electrolyte imbalances, which can be harmful to both the mother and the developing fetus. Zofran can help prevent or reduce dehydration by controlling nausea and vomiting.
  3. Weight Maintenance: Extreme morning sickness can lead to significant weight loss due to the inability to keep food down. Zofran can help women maintain a healthier weight during pregnancy, which is important for the well-being of both the mother and baby.

While it can be effective in managing severe nausea and vomiting, concerns have been raised about its safety, particularly in the first trimester of pregnancy . Healthcare providers will carefully consider the risks and benefits of Zofran for each patient, and may explore alternative treatments or lifestyle changes before prescribing it.

Mothers who take Zofran do so to maintain a healthy weight to ensure their baby receives the nutrition they need to properly develop. Unfortunately, birth defects occur from the use of this drug. If your child was born with birth defects, and you took Zofran during your pregnancy, you need to call me today for a free consultation to discuss your birth injury claim.

Zofran Facts

  • Zofran was approved by the FDA in 1991
  • By 2006 Zofran become the 20th most prescribed medication in the US
  • Zofran is manufactured by GlaxoSmithKline
  • Zofran is an anti-nausea drug often prescribed to treat morning sickness
  • Mothers who have taken Zofran are at an increased risk of delivering babies with birth defects

Possible Birth Defects Caused by Zofran

Cleft Lip

Cleft lip is a birth defect that occurs during fetal development. It is characterized by a noticeable split or opening in the upper lip. This condition is subject to further investigation in birth injury cases, particularly if the baby was born to a mother who was prescribed Zofran.

Cleft Palate

Another birth defect that can occur from Zofran use is a cleft palate. This birth defect occurs when the tissue and cartilage that form the roof of the baby’s mouth does not fully close during fetal development. While not always preventable, medical professionals have the technological means to better monitor and address potential risks associated with medications like Zofran.

Does the occurrence of a cleft palate during fetal development indicate medical negligence or medical malpractice occurred? In some instances yes, but further discovery must conducted to determine exactly what happened.

Atrial Septal Defect (ASD)

This is a congenital heart defect where there is an abnormal opening between the atria, and it’s among the most common birth defects that can affect newborns. In some cases, it may be implicated that Zofran use during pregnancy is believed to be a contributing factor. If you suspect your child’s Atrial Septal Defect was due to Zofran us, call me to discuss a possible birth injury lawsuit.

Ventricular Septal Defect (VSD)

VSD is another common birth injury involving an abnormal opening, this time between the ventricles of the heart. Medical professionals should closely monitor and assess any potential links between Zofran use during pregnancy and the occurrence of Ventricular Septal Defect. It is crucial for your doctor to explain the possible correlation of Zofran and birth defects.

Heart Murmurs

Murmurs can be indicative of underlying heart defects. Medical professionals should investigate any potential associations between Zofran use during pregnancy and the development of a heart murmur. Effective communication with medical professionals is key to evaluating and managing heart murmurs.

Kidney Malformations

Kidney malformations are structural abnormalities in the kidneys and can affect their function. While not always preventable, doctors should be vigilant in monitoring and managing potential risks associated with the medication Zofran.

Musculoskeletal Abnormalities

Abnormalities may include limb deformities and joint abnormalities. Families dealing with preventable birth injuries related to musculoskeletal abnormalities should reach out to me to explore the possibility of birth injury litigation, and I am here to help.

Learning that your child is suffering from a birth defect is heartbreaking. This is often devastating for parents because they understand, it has long-term consequences for their beautiful new baby. Your child should have the opportunity to live as normal of a life as possible. As a highly experienced birth injury lawyer, and I am here to get you the help you need. Call me today, and I’ll Make Them Pay!®

Necessary Treatments

Cleft Lip and Cleft Palate:

Surgical Repair: Surgical closure of cleft lip and palate is necessary to restore the appearance and function of the affected areas. The surgeries are typically performed in stages, with the initial surgery often occurring around 3-6 months of age. Cleft palate repair usually takes place between 9-18 months. Additional surgeries may be required as the child grows and facial structures develop.

Speech Therapy: Speech therapy may be required to help children with cleft palate develop proper speech and communication skills. The duration of speech therapy can vary from months to years, depending on the individual child’s progress.

Feeding Assistance: Infants with cleft lip and palate often require specialized bottles and nipples, along with guidance from healthcare professionals to ensure effective feeding.

Dental and Orthodontic Care: Children with cleft lip and palate may require ongoing dental and orthodontic care throughout their childhood and adolescence. This can include treatments such as braces, dental restorations, and orthognathic surgery to address dental and jaw alignment issues.

Atrial Septal Defect (ASD) and Ventricular Septal Defect (VSD):

Monitoring: In some cases, small ASDs or VSDs may require regular monitoring by a pediatric cardiologist. This monitoring is essential to assess the defect’s progress and any associated symptoms. The duration of monitoring may extend for years.

Medications: Medications may be prescribed to manage symptoms or reduce the workload on the heart in cases where the defects cause cardiac strain. The duration of medication use can vary, but it may be necessary for an extended period.

Surgical Repair: Larger or symptomatic ASDs and VSDs may require surgical closure to prevent complications and improve heart function. The surgery is typically performed in early childhood, and recovery may take several weeks.

Heart Murmurs:

Diagnostic Evaluation: Heart murmurs require a thorough diagnostic evaluation by a pediatric cardiologist to determine their cause and severity. This evaluation involves various tests such as echocardiograms and electrocardiograms. The duration of diagnostic evaluation depends on the complexity of the murmur.

Monitoring: Benign heart murmurs may only require periodic monitoring to ensure they do not worsen over time. Monitoring can extend over several years during childhood and may involve occasional cardiology visits and tests.

Medication or Surgery: Treatment options for heart murmurs depend on the underlying cause and severity. Medication or surgery may be required.

Kidney Malformations:

Conservative Management: Some mild kidney malformations may not require active treatment and can be managed through regular monitoring by a pediatric nephrologist. It is important to continue monitoring these symptoms.

Medication: In cases where kidney function is affected, medications may be prescribed to manage symptoms or other underlying conditions.

Surgical Correction: Severe kidney malformations may require surgical correction or kidney transplantation. The duration of treatment can be prolonged, involving surgery, post-operative care, and ongoing monitoring.

Musculoskeletal Abnormalities:

Orthopedic Consultation: Children with musculoskeletal abnormalities should undergo an orthopedic evaluation to determine the extent of the condition and the need for treatment.

Physical Therapy: Physical therapy may be recommended to improve mobility, strength, and range of motion. It is important to start physical therapy early, to help improve your child’s birth injury.

Bracing or Casting: Some musculoskeletal issues may require the use of braces or casts to support proper bone and joint development. The duration of bracing or casting can range from months to years.

Surgery: In severe cases, corrective surgery may be necessary to address deformities or malformations. Treatment and recovery can be lengthy.

Getting your child the care they need is essential. Birth injury claims can be filed in an effort to obtain compensation to afford doctor visits, treatment, procedures, therapy, and equipment if necessary. While you spend time with your baby, loving them, and helping them to recover, I’ll take care of your Zofran lawsuit.

Call Me

Was your baby injured because of Zofran use?

Thousands of injured victims have entrusted their legal care to me. When birth injuries occur, I am the best chance you have to obtain fair compensation!

Call me today 877.944.4373.


  1. What is Zofran, and what is it commonly prescribed for during pregnancy?

    • Zofran is the brand name for the medication ondansetron. It is commonly prescribed during pregnancy to treat nausea and vomiting associated with morning sickness.

  2. Is Zofran safe to use during pregnancy?

    • The safety of Zofran during pregnancy is a topic of ongoing research and debate. While it has been considered generally safe for use, there have been concerns about potential risks, particularly in relation to birth defects.

  3. Are there any potential risks or side effects associated with Zofran use in pregnancy?

    • Potential risks and side effects of Zofran use in pregnancy may include constipation, headache, and dizziness.

  4. Has Zofran been linked to birth defects or other pregnancy complications?

    • Some studies have suggested a potential association between Zofran use during pregnancy, particularly during the first trimester and certain birth defects.

  5. What are the potential birth defects associated with Zofran use during pregnancy?

    • Potential birth defects associated with Zofran use include cleft lip, cleft palate, atrial septal defects, ventricular septal defects, and others.

  6. How common are these birth defects in babies exposed to Zofran in utero?

    • The prevalence of these birth defects in babies exposed to Zofran in utero is not well-established, and the likelihood of such defects occurring varies.

  7. What should pregnant women do if they are prescribed Zofran for morning sickness?

    • Pregnant women should have a discussion with their healthcare provider to weigh the potential risks and benefits of Zofran use. It is essential to make an informed decision based on individual circumstances.

  8. Are there any alternative medications or treatments for morning sickness that are considered safer during pregnancy?

    • There are alternative treatments and lifestyle changes that may help alleviate morning sickness during pregnancy. You should discuss these with your healthcare providers.

    • Is there any ongoing research or litigation related to Zofran and birth defects?

    • Yes, there has been ongoing research into the potential links between Zofran and birth defects, and some families have pursued legal action in cases where they believe their child’s birth defect may be connected to Zofran use during pregnancy.

I’m here to answer your questions. Call me for a free consultation!


Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
More reviews


The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.