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Cobalt Chromium Toxicity

What Can I Expect From a Zofran Lawsuit?

It is anticipated there will eventually be several thousand individual Zofran lawsuits filed throughout the country and these cases will be consolidated (merged) in a single court.  One of the most important aspects to understand about Zofran lawsuits is these are “individual actions” and not “class actions.”

A class action is where one plaintiff files a single lawsuit on behalf of others.  However, in cases such as this, a class action is not possible since each plaintiff’s individual damages are so different.  This means each individual plaintiff (the parent and her child) must file their own individual lawsuit.

There are many advantages to having your own lawsuit instead of being involved in a class action.  As an individual plaintiff, you are completely in control of the litigation.  When a settlement offer is made on your case, only you can decide whether to accept it or reject it.  If you decide you no longer wish to proceed with your lawsuit, you can order your attorney to dismiss it.  If you are not satisfied with your lawyer, you can fire him/her and hire a new one.

The other advantage to being involved in a mass action (known as mass tort) with thousands of other similar plaintiffs is that these cases often involve a minimal commitment of time.  Since you will likely be one of thousands of individual plaintiffs, it is very unlikely you will be subjected to oppressive discovery or depositions.  In fact, it is highly unlikely you will ever have to appear in court.  In most cases, the only thing an individual plaintiff must do is fill out a court ordered questionnaire seeking information about your child’s doctors, damages, and other personal information.

Finally, the biggest advantage to being involved in a mass action is you get the advantages of numbers.  Large pharmaceutical companies, such as GlaxoSmithKline, make billions of dollars yearly in profits and essentially have unlimited resources to fight plaintiffs.  They spend hundreds of millions to hire the best lawyers in the country and have an army of experts on retainer.   The only way to battle these companies is for plaintiffs’ lawyers to pool their resources.  Through organization and the pooling of funds, the plaintiffs’ firms who litigate these cases are able to match the resources of these large companies.  These are resources that could never be justified for a single case or even a handful of cases.  Hence, the sheer number of plaintiffs allows cases to proceed that would otherwise be economically impossible to pursue.

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