How Much May My Child Receive for a Zofran Birth Defect Settlement?
Children born with birth defects or congenital malformations following exposure to Zofran before birth may be entitled to financial compensation as a result of GlaxoSmithKline’s failure to adequately warn women and the medical community about the risks associated with using the anti-nausea drug during pregnancy.
The Zofran litigation emerged in 2015, but families throughout the U.S. continue to file new complaints on behalf of children born with cleft palate, cleft lip, atrial septal defects and other heart malformations.
While lawyers remain confident that GlaxoSmithKline will be required to pay substantial compensation as a result of the decision to place their desire for profits before the safety of unborn children, there have been no reports of any families receiving a Zofran settlement, and it will likely be several years before the first cases go to trial.
As the first Zofran trial dates approach, the drug maker will face increasing pressure to consider settling cases.
Factors Considered in Settling Zofran Lawsuits
While each of the Zofran cases involve similar allegations, the amount of any settlements will ultimately be based on what a jury would award based on the individual circumstances and injury suffered in each case.
As part of coordinated proceedings established in the federal court system, it is expected that a small number of cases will be prepared for early trial dates over the next few years. Known as “bellwether” cases, these lawsuits will be closely watched, as they may help gauge how juries are likely to respond to certain evidence and testimony regarding the link between Zofran and heart defects, cleft palate, cleft lip or other congenital malformations.
Although the outcomes of these trials will not be binding in lawsuits filed by other families, they will likely influence eventual settlement negotiations.
In each individual case, the settlement will be based on what a jury is likely to award if the lawsuit goes to trial. In determining the amount of any Zofran damages to award, the following are some of the common factors that a jury may consider:
- The extent and duration of the Zofran birth defect, including the medical care or treatment required as a result of the injury.
- The effect that the birth defect from Zofran has on the overall physical and mental health or well-being of the child.
- The pain and mental anguish suffered in the past and which will likely be suffered in the future.
- Any long-term injuries that may affect the plaintiff’s future health or enjoyment of life.
With at least one to two years of additional discovery likely to occur before the first claims go before a jury, there is no indication that GlaxoSmithKline will consider settling Zofran lawsuits in the near future. Plenty of time still remains for families to determine whether their child may be eligible for a Zofran settlement.
Find Out If Your Child May Qualify for a Zofran Birth Defect Settlement
The personal injury lawyers at Saiontz & Kirk, P.A. provide free consultations and case evaluations to help individuals determine whether they may be entitled to pursue financial compensation as a result of a birth defects diagnosis following use of Zofran.
After calling our office at 1-800-522-0102 or requesting a free case review on-line, the facts and circumstances surrounding your potential Zofran case will be reviewed and evaluated by our lawyers.
If it is determined that your child may eventually be eligible for to settle a Zofran case in the future, it is your decision whether to hire our law firm.
All lawsuits are handled by our attorneys under a contingency fee agreement, which means that there are no fees or expenses paid unless a Zofran settlement or recovery is obtained for your child.