Zofran litigation is heating up after a number of published studies have linked the anti-nausea drug to an increased risk of birth defects. Because the litigation is in the beginning stages, there are many questions mother and families are asking themselves about potential Zofran lawsuits.
Below is a list of the most common questions related to the lawsuits being filed against GlaxoSmithKline (GSK) pharmaceuticals, the makers of Zofran.
Zofran Lawsuit Questions and Answers
"Do I have a Zofran birth defect lawsuit?"
There is no way to know if you have a potential Zofran lawsuit until you have spoken with an attorney that is currently investigating the drug. Generally speaking, if your baby suffered a birth defect after exposure to Zofran, you may have rights to potential compensation based on the types of damages your baby sustained.
"What types of birth defects are related to Zofran use?"
If you were a pregnant woman who used Zofran and your baby suffered any type of birth defect, we want to speak with you, however, the two birth defects that are currently being investigated for potential lawsuits include:
- Cleft and/or lip palates
- Heart defects
"What is a cleft palate?"
A cleft palate is a type of congenital deformity that affects, on average, 1 in 700 children. A cleft palate or lip occurs when a baby's body part does not properly fuse together while it is in the mother's womb. In this instance, the failure for the upper lip to properly fuse leaves a noticeable gap that can extend from the lip upwards toward the baby's/child's nose.
"How much does Keller & Keller charge to review a Zofran claim?"
We are offering mothers, families and their children a Zero Fee Guarantee on all Zofran lawsuit evaluations. You will be able to speak to a legal representative from Keller & Keller that will review your potential claim with you at no cost, and should you decide to hire our firm, you will never be charged any investigative costs or legal fees associated with the lawsuit until we make a recovery from GSK, the makers of Zofran.
"Who is at potential risk for Zofran heart defects and cleft palates?"
A fetus that was exposed to Zofran during the first trimester of development is believed to face the highest likelihood of suffering from a potential birth defect.
"Does Zofran go by any other names?"
You may have been given the generic version of the drug, known by the name of Ondansetron.
"Why was Zofran prescribed to pregnant women?"
Zofran was originally designed to control the nausea experienced by chemotherapy patients and others undergoing surgery. Because it was marketed as an anti-nausea medication, doctors soon began prescribing it "off-label" to expecting mothers who were experiencing morning-sickness.
"What does "off-label" use mean?"
Zofran was prescribed "off-label" to pregnant women, and that simply means that the medication had not been approved by the Food and Drug Administration (FDA) to be used in this manner. Zofran's approval was strictly regulated by the FDA for use in chemotherapy patients and others undergoing medical procedures that are known to induce certain levels of nausea.
"Will Zofran be filed as a class action lawsuit that results in very little money?"
We cannot estimate what your potential Zofran case is worth at this time, but it's important to understand that drug lawsuits can be handled through Multi-District Litigation. In these instances each plaintiff receives compensation based on the individual injuries and damages incurred by each plaintiff. This allows the client the opportunity to be justly compensated base don the distinct merits of their case, and most importantly, the severity of the injuries their baby suffered.
"What if I'm not the type of person who sues?"
If your baby suffered a serious birth injury or health problem as a result of Zofran, long-term, or life-long, medical care may be required. This could be incredibly expensive and greatly affect your finances. You should not be held responsible for the negligence of a multi-billion dollar drug manufacturer whose vast resources should enable them to produce safe and effective drug treatments.
It is our hope that every defective drug lawsuit we file can serve to make a pharmaceutical manufacturer take notice of the loss and pain its product has caused. Specifically, we hope the makers of Zofran are held responsible for any damages that are proven to have occurred as a result of their drug being taken by pregnant women.
Unfortunately, with regard to drug lawsuit litigation, the fear of lawsuits and large settlements and verdicts are the only actions that make large companies become a more responsible corporate citizen. In the end, your lawsuit serves to not only properly compensate you for injuries that were not your fault, it also protects your fellow man and helps to ensure this does not happen to someone else.
"How much time do I have to file a Zofran birth defect lawsuit?"
No matter the type of drug, the time you have to file your potential claim will be limited by your specific statute of limitations. The statute of limitations is simply a time limit that is assigned to your Zofran lawsuit depending on circumstances that may include your state of residence and the date on which you were first put on notice of the damages.
Never assume you know your statute date until you have spoken with a Zofran lawyer who is handling these case types. They will review with you specific details about your potential claim to help determine how long you have to file a lawsuit. That said, the longer you wait to speak to an attorney, the more time comes off the clock that gives you an opportunity to be justly compensated.
"Do I need to live in the same state or near my Zofran lawyer's office?"
Keller & Keller is a multi-state firm that has investigated harmful drugs in the past, and we have helped clients in states throughout the country. The majority of your involvement in a potential Zofran lawsuit will involve identifying the prescribing doctor's office, dates you were taking the medication, as well as describing the types of birth defects your baby suffered.
There will never be a need to visit our office throughout any Zofran litigation.