When Can You Sue for Drug-Related Birth Defects? - Injured

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When Can You Sue for Drug-Related Birth Defects?

Every parent prays for a healthy child. And while few of us go through life perfectly healthy, it is particularly painful for parents when a child is born with defects or medical issues due to prescription medication a mother has taken before the child’s birth.

This is an unfortunately common occurrence for mothers who used Zofran to alleviate morning sickness. The drug was designed for cancer patients, and does alleviate morning sickness. But it was not designed with pregnant mothers in mind, and now it is linked with birth defects. Zofran is not the only drug that parents and doctors have successfully claimed in court caused birth defects.

When Can You Make a Claim?

You can sue a drug maker for birth defects linked to a medication but you must do so within the statute of limitations. Limits on when lawsuits are filed vary from state to state. Generally speaking, the clock starts to run on time for filing a suit once injury is discovered.

Not all defects are immediate apparent, and this is especially so with a newborn baby. Early child development is not an exact science and children are not all identical, so it can take a while for any difficulties a child is having to be recognized. Likewise, physical development happens in stage and a birth defect, whether mental or physical, may take time to manifest.

How Do You Know?

But if your child does have a birth defect, and this has been established by doctors, consider consulting with counsel about potential causes. You will have to talk to a lawyer about your birth defect claim, as these cases are very complex.

Drug manufacturers are commonly sued for injuries caused by medication. In the case of Zofran, for example, Glaxo Smith Kline paid $3 billion for promoting the drug’s use among pregnant women who were not warned of its dangers when it was not developed or properly tested for them.

Consult With Counsel

If you or your child has been harmed by a drug or product, talk to a lawyer. Many injury attorneys consult for free or no fee and will be happy to assess your claim.

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