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Cobalt Chromium Toxicity

Do I have a Zofran Case?

A frequently asked question from potential clients is, “Do I have a Zofran case?” As you may know, Zofran is linked to various birth defects. Typically, in these cases, the mother took Zofran during her first trimester of pregnancy and her child is born with a birth defect(s).

It is difficult to know if you have a potential case without all the facts. Many factors determine whether or not you have a case. The statute of limitations, or the time period you have to bring a lawsuit, affects your ability to file a claim against Zofran. The statute of limitations varies between states. Therefore, the statute of limitations on your case depends on your state of legal residence. A thorough analysis of your state’s statute of limitations is required to assess your potential case.

There is also an analysis of the mother’s medical history and medical records.  This helps determine whether or not the mother took other medications during her pregnancy as well. Other medications taken during pregnancy could also contribute to the birth defect experienced. You also have to look at smoking history, genetic history of both parents, and take into account if there was recreational drug use during pregnancy. Attorneys will need to know, “Is the birth defect genetic?”, “Or could it be attributed to another drug (e.g. recreational, medicinal)?”, “Or was it caused by Zofran?”

The other factor to take into consideration is the type of birth defect. Right now, there is limited research and scientific data connecting Zofran use during pregnancy with birth defects. Currently, the specific birth defects linked to Zofran include orofacial clefts and septal heart defects (i.e. hole in the heart). However, science is always changing and evolving. We expect future studies will reveal Zofran causes additional birth defects.

An attorney evaluates all of these factors and can provide you with an idea of whether or not you have a case. If you speak with an attorney, and they do not believe you have a case, we recommend contacting other attorneys. Attorneys may have differences of opinion regarding what constitutes a strong case and it’s always beneficial to get multiple opinions. If you took Zofran in your first trimester of pregnancy, and you have a child with a birth defect, contact our attorneys immediately at (916) 520-6639 for a free case evaluation.

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