Dealing with cancer and the side effects of treating the illness is hard enough without additional health complications. Zofran is a drug meant to help patients manage the effects of chemotherapy and radiation, but research indicates it can cause severe health problems. In some cases, the babies of patients who have taken Zofran developed major birth defects. The cumulative physical, emotional, and financial effects of using Zofran are enough to make patients miserable. Still, you should know that legal help is available if you take this dangerous drug.
The Chicago Zofran injury lawyers at Wallace Miller understand the challenges involved in dangerous drug cases, and we will do everything in our power to protect your rights. Our firm has a proven history of successfully holding drug companies accountable, and we will make the legal process as easy as possible. We have connections with knowledgeable medical experts who can find the evidence to support your case. We don’t get paid unless you recover compensation, and you can call (312) 261-6193 or visit our contact page for a free case review.
What Is Zofran, and What Does It Treat?
Zofran is a prescription medication designed to prevent nausea and vomiting. Doctors often prescribe Zofran to patients undergoing chemotherapy, radiation, or surgery. While this drug has helped many patients, studies show it can cause serious side effects and complications. In 2012, the manufacturer of Zofran agreed to pay $3 billion in fines in response to allegations of fraud and failing to report safety information related to the drug.
Reported Injuries from Using Zofran
Some common injuries associated with Zofran use include:
- Birth defects in children born to mothers who took Zofran during pregnancy
- Serotonin Syndrome, a potentially life-threatening condition
- Abnormal heart rhythms, including QT interval prolongation
- Allergic reactions, such as hives and difficulty breathing
Compensation for Injuries from Using Zofran
Victims of Zofran-related injuries may be eligible for compensation, including:
- Medical expenses, both past and future
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
Challenges When Suing a Pharmaceutical Company
Many law firms balk at taking on drug companies because of the complex legal issues involved. Some problems people run into when suing pharmaceutical companies include:
- Proving Causation: Establishing a direct link between the drug and the plaintiff’s injuries can be difficult. Plaintiffs must demonstrate that the drug caused their injuries, not other factors, such as pre-existing conditions or medications. This often requires the testimony of medical experts who can explain the connection between the drug and the injuries.
- Drug Companies’ Financial Resources: Pharmaceutical companies are typically large corporations with vast resources. They can afford to hire skilled legal teams and experts to defend their products, making it difficult for individual plaintiffs to prevail against them.
- Scientific and Medical Complexity: Defective drug cases often involve complex scientific and medical concepts. Plaintiffs and their attorneys must have a thorough understanding of these issues and be able to present them clearly and convincingly to a judge or jury.
- FDA Approval: If a drug has received approval from the U.S. Food and Drug Administration (FDA), the pharmaceutical company may argue that the approval indicates the drug’s safety and effectiveness. However, FDA approval does not guarantee that a drug is without risks or that the company adequately discloses all potential side effects.
- Preemption: In some cases, pharmaceutical companies may argue that federal law preempts state law claims, asserting that FDA regulations should be the sole standard for drug safety. This defense can be a hurdle for plaintiffs, but courts have not universally accepted this argument.
- Statute of Limitations: Each state has a specific time limit, or statute of limitations, within which plaintiffs must file a lawsuit for injuries caused by defective drugs. Navigating these deadlines can be challenging, and missing the deadline may result in losing the right to pursue a claim.
How Our Zofran Injury Attorneys Can Help
Suing a drug company requires help from an experienced and knowledgeable attorney. Our Zofran injury lawyers can help you with your case by:
- Assessing your claim: We can evaluate your case to determine if you have a valid claim. This involves reviewing your medical history, Zofran usage, and the nature of your injuries to establish a connection between the drug and your injuries.
- Gathering Evidence: If you have a valid case, we will collect relevant evidence to support your claim, including medical records, prescription records, and any other documentation substantiating your Zofran usage and its impact on your health. We may also consult with medical experts who can testify to the link between Zofran and your injuries.
- Negotiating with Opposing Parties: Personal injury attorneys are skilled negotiators who can effectively communicate with the pharmaceutical company’s legal team, insurance companies, and other involved parties to seek a fair settlement on your behalf.
- Navigating the Legal Process: Defective drug litigation can be complex and challenging. A knowledgeable attorney will guide you through the entire legal process, ensuring your case complies with all relevant laws, regulations, and deadlines.
- Representing You in Court: If your case goes to trial, your attorney will represent you in court, presenting your case effectively to the judge and jury. They will advocate for your best interests, cross-examine opposing witnesses, and present compelling arguments to support your claim.
- Maximizing Compensation: A skilled personal injury attorney will work tirelessly to maximize your compensation, considering medical expenses, lost wages, pain and suffering, and emotional distress.
What to Do If You Suspect You Have Injuries from Zofran
If you believe you or someone in your family has suffered injuries relating to using Zofran, take the following steps:
- Seek medical attention immediately
- Preserve any evidence, such as prescription bottles and medical records
- Consult with our experienced Chicago Zofran injury lawyers
FAQs
We receive many questions about Zofran injury cases at our firm, and here are the answers to a few of the common questions we get:
How do I know if my injuries are a result of taking Zofran?
Determining whether your injuries are a result of taking Zofran can be challenging. It’s important to consult with a qualified medical professional to review your medical history, symptoms, and the timeline of your Zofran usage. Additionally, a skilled personal injury attorney can help evaluate your case and determine if there is a connection between your injuries and Zofran use.
Can I file a lawsuit if my child was born with birth defects after I took Zofran during pregnancy?
Yes, you may be eligible to file a lawsuit if your child was born with birth defects after you took Zofran during pregnancy. Many people have filed lawsuits alleging that Zofran caused birth defects in pregnant women. To establish a strong case, you must demonstrate a link between your Zofran use and your child’s birth defects with the help of medical experts and a knowledgeable attorney.
How long do I have to file a Zofran personal injury lawsuit?
The time limit to file a Zofran personal injury lawsuit, known as the statute of limitations, varies by state. In Illinois, the standard time limit to file a personal injury lawsuit is two years from the injury date, but this rule has some exceptions. It is crucial to consult with an experienced personal injury attorney as soon as possible to ensure you do not miss the deadline to file your claim.
How long does a Zofran injury case take?
The timeline for resolving a Zofran personal injury case can vary significantly depending on the case’s complexity, the parties’ willingness to settle, and the court’s schedule. It can take anywhere from several months to a few years. While some cases may settle out of court relatively quickly, others may require extensive litigation and a trial.
Will my case go to trial, or can it be settled out of court?
Many Zofran personal injury cases end in settlements between the plaintiff’s attorney and the defendant’s legal team. However, your case may proceed to trial if the defendants disagree with a fair settlement. Your attorney will work with you to determine the best course of action for your case and circumstances, keeping your best interests in mind.
What should I seek in a personal injury attorney to handle my Zofran case?
When searching for a personal injury attorney to handle your Zofran case, keep the following factors in mind:
- Experience: Look for an attorney with a proven track record in handling defective drug and personal injury cases, particularly those involving Zofran.
- Reputation: Research the attorney’s reputation, including client reviews and testimonials, to ensure they have a history of success and satisfied clients.
- Resources: Choose an attorney with the resources and connections to medical experts, investigators, and other professionals to build a strong case.
- Communication: Ensure the attorney communicates effectively and keeps you informed throughout the process.
- Fee structure: Make sure you understand the attorney’s fee structure. Personal injury lawyers typically work on a contingency basis, meaning they only get paid if they recover compensation on your behalf.
Contact Our Chicago Zofran Injury Lawyers Today
Trying to recover compensation from a negligent drug company is exhausting, but our team will fight for your rights and help you claim the money you need. Call us today at (312) 261-6193 or visit our contact page for a free consultation.