Although Zofran is only authorized for cancer patient treatment to help with nausea and vomiting, it’s been heavily prescribed as off-label use for pregnant women experiencing morning sickness. This is turn resulted in many infants being born with severe birth defects caused by Zofran.
If your infant was born with birth defects after you were prescribed Zofran, you may be entitled to compensation to help with medical expenses, pain, suffering, and much more. It’s important, however, to retain the services of an experienced Zofran attorney who can ensure that you have the best chances of success with your case.
Do You Have a Zofran Case?
An experienced Zofran lawyer will be able to evaluate your case and let you know if you have a valid case, but there are certain requirements you should be aware of beforehand.
Even though many women were prescribed Zofran, not every incident resulted in birth defects. If you were prescribed Zofran but your or your baby were not injured, there is a good chance that you will not have a valid claim. Simply being prescribed Zofran while pregnant is typically not enough to file for compensation.
Keep in mind that any risky behavior during pregnancy will be evaluated. This doesn’t mean you are automatically disqualified, but in some instances, drinking and smoking during pregnancy may halt your chances of recovering compensation.
Genetic anomalies usually need to be ruled out as well. You’ll more than likely need to produce documentation of genetic testing.
How Can a Lawyer Help?
Zofran lawyers specifically specialize in dangerous prescription drug cases, and therefore offer you better chances in proving your case and obtaining the compensation you’re entitled to.
It’s important to note that not all lawyers will be able to represent you in the same manner. For example, just as you wouldn’t go to an eye doctor for foot problems, you shouldn’t choose a general practice attorney over a lawyer who specializes in Zofran lawsuits.
An experienced Zofran attorney understands the medical issues that the medication has caused and is knowledgeable regarding the case studies on birth defects associated with it. In addition, a dedicated attorney will fight to ensure you are compensated for anything related to your baby’s injuries, including medical costs, lost wages, pain, suffering and more.
Additionally, a lawyer will:
- Help you obtain all pharmacy and medical records
- Submit the required claim forms to start your case
- File the Zofran lawsuit on your behalf
- Gather medical testimony and key witnesses
How Much Does a Lawyer Cost?
Attorney fees will vary according to each lawyer. However, it’s highly recommended to find a lawyer who charges on a contingency-based fee basis. A contingency-based fee means that you pay nothing up front for an attorney to represent you. You’ll only pay once your case been won.
How Do I Find the Best Lawyer for My Case?
There are a plethora of personal injury lawyers available, but to make it easier when searching for the best one to represent you, consider the following:
- Does the lawyer have proven experience in successfully representing other clients with dangerous, prescription drug cases?
- Is a contingency-based fee offered?
- Does the lawyer have a proven track record of winning similar cases?
- Are all of your questions answered?
- Do you feel comfortable with the attorney?
Another thing to consider is that drug manufacturers such as GlaxoKlineSmith, the makers of Zofran, will have their own set of high-power defense attorneys. The more experienced your own attorney is in handling these types of cases, the better the chances you’ll have in obtaining the justice that you deserve.
Can a Lawyer Keep Me From Having to go to Trial?
In most instances, prescription drug lawsuits settle before they reach the trial stage. Your attorney will fight to ensure that you get the best compensation available, but sometimes that may occur during a trial. It depends on your individual case.
Zofran Lawsuits and Birth Defects
Although birth defects lawsuits against GlaxoKlineSmith are still considered new, the company has faced similar lawsuits in the past, in which they were found guilty of negligence.
However, as more and more studies are conducted, the evidence is overwhelming that not only did GlaxoKlineSmith fail to warn the public of the dangerous of Zofran, but they also falsified previous studies.
Zofran has been linked to numerous birth defects, including:
- Cleft lip
- Cleft palate
- Abdominal problems
- Vision problems
- Deformities of the skull
- Club foot and webbed toes
- Hearing loss
- Mental issues
- Light sensitivity
Costs associated with caring for a child born with birth defects can last a lifetime. Keep in mind, though, with the right Zofran attorney, you’ll be able to obtain the compensation needed to help care for your baby as well as the justice you’re entitled to.