There are many cases today involving babies suffering from Zofran birth defects. Unfortunately, these defects can cause long-term health and even death defects to your unborn child. It is important to take action as soon as possible to prevent your child from suffering such an enormous loss.
If you have already placed a paternity claim on the child, make sure that you consult a lawyer that specializes in this type of case to discuss your options. There is simply no way to know whether or not you possess a valid Zofran birth defect lawsuit until you’ve spoken with an experienced attorney.
Zofran Birth Defect Lawsuit
In general, if your unborn child suffered from a birth defect following exposure to Zofran, then you may be entitled to possible monetary compensation based upon the forms of damages that your child suffered. This is why it’s crucial that you discuss with a qualified attorney the possibilities with which you’re likely to be able to seek compensation.
It’s also important that you understand exactly what filing a lawsuit is likely to entail. In most instances, it will involve filing a complaint against the manufacturer of the anti-nausea drug. The complaint can either be filed in federal court in your hometown or county, or in either local or federal court within the jurisdiction of the United States.
It’s not uncommon for victims to file suits for compensation involving accidental poisoning, exposure to harmful chemicals, and similar situations.
However, filing a lawsuit for an act of negligence that has caused harm is quite different than filing a suit for damages resulting from wrongful acts. Thus, it’s vital that you understand just what is required of you when pursuing this particular avenue of recourse.
A qualified Zofran birth defect attorney will ensure that you’re properly prepared when filing a lawsuit so you receive the monetary compensation that you’re entitled to as well as the chance to be heard on behalf of your child. A lawyer who understands all of the necessary steps that must be taken in filing such a lawsuit will also be well-versed in all of the technicalities associated with being permitted to sue a manufacturer.
When you file a lawsuit against a medical health product manufacturer, one of the first issues that you and your lawyer will need to resolve is whether or not liability insurance exists in your state.
Medical health products, such as drugs, are not typically subject to any sort of insurance or liability cover by their manufacturers. As such, there is a very real possibility that your lawsuit could be financially bankrupting you and your family.
This very real possibility must be addressed and understood before you proceed with filing a lawsuit. An experienced personal injury attorney will ensure that your lawsuit is properly handled so that you don’t wind up owing more money than you should have and receiving no actual benefits from your lawsuit.
Your lawsuit could also end up costing you more money if it is improperly handled.
In many states, a medical health product manufacturer that manufactures drugs for serious defects within their products has a duty to provide an insurance policy to their customers in case they are injured due to their defective drugs. Unfortunately, not all companies abide by this requirement. A defective Zofran Birth Defect lawsuit filed against one of these companies found that a lead item was improperly listed on their insurance application.
In addition to proper compensation, you may also be entitled to punitive damages as well.
Punitive damages are not awarded by the United States courts but can only be awarded by a state court, typically on a tie-breaker basis. In Zofran Birth Defect lawsuit filed by a Dallas personal injury attorney, he discovered that the lead drug maker in the case failed to warn the FDA about a serious defect which resulted in “hundreds” of birth defects. The company was also instructed by the FDA to fix these problems before any lawsuit could be filed.
The possible claim that you could receive from a Zofran Birth defect lawsuit depends on several factors including:
the severity of the defect, and how many doses of the birth defect drug you received. You should consult with your personal injury lawyer when determining the best course of action for filing your lawsuit. Even if the medication was properly manufactured and distributed, your attorney may find that you do not have a case, or that you are likely to lose because of one of the above factors. But even if you do not lose, your attorney may be able to obtain compensation for time missed from work, for medical bills, pain and suffering, and in some cases punitive damages.
If you win your lawsuit, your attorney may be able to file additional lawsuits against the manufacturer of the drug, which could result in additional compensation for you and other potential victims. The manufacturers typically have their own lawyers to handle these lawsuits, so you will not be able to seek monetary damages against them personally.
Zofran Birth defect lawsuit filed against GlaxoSmithKline should be handled by an experienced personal injury lawyer who has experience winning these types of lawsuits.
Your lawyer should also be able to help you determine whether or not you are eligible for compensation under any of the above laws. A qualified and successful Zofran birth defect lawsuit can have a significant impact on the lives of those who suffered from this problem, so it is important that you are vigilant and carefully follow all of the steps leading up to filing your lawsuit, so that you stand a good chance of getting what you are seeking.
