If you’re among those whose babies were born with a cleft palate, abnormally curved palate, or other abnormality, and suspect that the birth defect could have been caused by the drug used by the obstetrician during the delivery, personal product liability lawyers at The Sanders Law Firm could provide the assistance you require to file a Zofran complaint and seek monetary compensation for pain and suffering. The birth defect may have occurred because of the FDA’s negligence in failing to warn the public about the drug’s dangerous side effects. A wrongful death suit can be filed in many circumstances where an innocent life is lost as a result of a drug’s effect on another person’s body.
Mothers who believe they have been affected by Ondansetron should first consult with an experienced medical professional.
For serious birth defects, the only recourse available is usually lethal medications. However, there are many lawsuits that have been successfully won based on the theories of liability due to medical malpractice. Personal Product Liability suits are not only possible, but lawyers at The Sanders Law Firm are experienced in representing thousands of people who have alleged that they have been injured due to Ondansetron’s actions.
If you think this particular lawsuit might have merit, you’ll need an attorney to represent you and deal with the filing process.
There are two main issues to consider in serious birth defect lawsuits. First, the jury must determine if there was negligence on the part of the manufacturer or supplier and second, whether the injury was actually caused by the product.
The primary issue to address in this type of lawsuit is whether the manufacturer or supplier was negligent.
A plaintiff has to show proof of a substantial risk of harm before he or she can collect compensation for past and future medical expenses, loss of work wages, and more. To establish this negligence, plaintiffs must show that they suffered an injury as a result of an In the case of wrongful birth defects, most lawsuits focus on proving that the defect in question was either during pregnancy or soon after the birth. Most states require that plaintiffs prove both causation and damages. In addition to proving causation, a plaintiff also needs to establish that he or she suffered past and future medical expenses, such as prescriptions for drugs used to treat the defect. Most courts consider future medical costs to be additional compensatory damages.
There are also two main categories of personal injury claims that can be pursued after a lawsuit has been filed.
One focuses on damages due to the product liability, while the other focuses on a breach of warranty law. Product liability claims typically involve products such as anti-nausea medications, cancer treatments, contraceptive pills, and diabetic supplies. breach of warranty claims, meanwhile, generally cover problems like a baby developing a urinary tract infection after taking a certain medication. The plaintiff’s ultimate goal is to obtain compensation for past and future medical bills, lost income, and more. These cases generally end up being quite lengthy and difficult to prove, which is why it is very important to hire the best legal representation possible.
The Zofran Lawsuit happens to be the first of its kind.
The company did not notify women that they could raise a case against the manufacturer of Zofran due to one of their many preservative issues that have lead to the lawsuits being filed. Mothers in this case have alleged that Zofran did not advise them regarding the possibility of birth defects, which in turn resulted in them using another drug to cure their babies of the defect. The lawsuits were later dropped when the FDA and Zofran settled suits with the plaintiffs, but this does not necessarily mean that other drug manufacturers won’t be guilty of the same actions. It may prove to be a rather messy court battle between the Zofran Lawsuit and other drug companies, but it is still important for mothers to seek out legal counsel from an attorney who is experienced in these types of lawsuits.
