How to Pursue a Class Action Lawsuit Over Zofran Birth Defects?



A growing number of families throughout the United States are pursuing a Zofran class action lawsuit or birth defect claim as a result of the drug makers’ failure to adequately warn about the risks associated with use of the medication during pregnancy.

The lawyers at Saiontz & Kirk, P.A. are pursuing financial compensation for children born with:

Free consultations and claim evaluations are provided to help determine if your child may be eligible to participate in a class action for Zofran birth defects. Contact our law firm toll free by calling 1-800-522-0102 or by completing our on-line request form to begin the process.

Free Zofran Claim Evaluation

After speaking with Saiontz & Kirk, P.A. for a free Zofran claim evaluation, there is no obligation to hire our law firm or to pursue a case. If it is determined that you or your family may be entitled to pursue an individual Zofran lawsuit or class action claim, it remains your decision whether to form an attorney-client relationship and move forward with a case.

During the no-obligation consultation, you will be put in touch with a member of our legal team to review the facts and circumstances surrounding your child’s potential claim, so that we may determine whether a link can be established in court between a birth defect and Zofran side effects.

You will have an opportunity to speak with one of our Zofran class action lawyers to review any questions or concerns you may have. Often we are able to make a determination during the initial consultation about whether it is recommended that you or your family move forward with a case. In some circumstances, it is necessary for additional details to be reviewed with our Zofran litigation team before we are able to agree to move forward with your case.

Zofran Class Action vs. Individual Birth Defect Lawsuit

Most of the injury claims being pursued by the lawyers at Saiontz & Kirk, P.A. will be handled as individual product liability lawsuits, as opposed to being part of a Zofran class action.

Since the facts and circumstances surrounding each child’s birth defect will be different, resulting in different impacts on their overall health and quality of life, each Zofran injury lawsuit can not be pursued through one class representative. Therefore, individual causation and damages must be established for each child born with a birth defect before obtaining a Zofran settlement or financial compensation for the child.

With a growing number of lawsuits continue to be filed in courts throughout the United States, consolidated pretrial proceedings were established in the federal court system in October 2015, to reduce duplicative discovery into common issues in the cases, avoid contradictory pretrial rulings from different Courts and to serve the convenience of the parties, witnesses and the courts.

It is expected that coordinated discovery will continue throughout 2017, mainly focused on general causation and other issues that are common to all claims.

While such mass tort litigation, where a large number of lawsuits are being filed by users of the same medication that allege similar injuries, are often confused with a class action for Zofran, there are important differences and each claim remains an individual lawsuit.

To learn more about the Zofran birth defect claims and to find out whether your child may have a case, request a free consultation.


Austin Kirk

Last Updated November 16, 2016
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