The lawsuits must cover all types of structural, as well as physical, heart and lung defects resulting from Zofran birth defects. The lawsuits can also cover craniofacial, as well as developmental, defects.
The lawsuits must be filed by a named plaintiff (such as a child) or by an anonymous plaintiff, but they must be filed within three years after the child is born. In the case of anonymous plaintiffs, the name of the plaintiff must be provided to the court on the first filing date. The plaintiff must designate his or her attorney for the case on the second filing date.
Before the lawsuit, the plaintiff must prove all elements that will support the suit. First, he or she must prove that the plaintiff was exposed to Zofran, that the plaintiff was born with a birth defect that resulted from being exposed to Zofran, and that at least one of those defects caused death. Second, the plaintiff must establish that Zofran was the cause of his or her condition, and that his or her death is the result of exposure to Zofran. Finally, the plaintiff must prove that at least one of those defects caused the birth defect that resulted in the plaintiff’s death.
After the plaintiffs have been assigned for plaintiff-plaintiff-client suits, the lawyers representing them must file the complaint and answer with the court by April 1. After this time, the lawyers for the plaintiff and the defendant must meet with the court to determine if there are issues that must be resolved before moving forward with the lawsuit. If there are, the lawyers must reach agreement on what these issues will be.
After the complaint and answer have been filed, the lawyers for both sides must agree on a trial date. A trial date is a specific date and time during which a lawsuit will take place. In some cases, this is done with the help of a settlement conference. The defendant and plaintiff may make a preliminary settlement offer to the court before any court hearings.
Upon reaching a trial date, the plaintiff must file his or her complaint and answer, and the defendant must submit its counterclaim. If there are no complaints, then both parties will file their counterclaims. This complaint will provide the plaintiff with all of the information needed to litigate the case in court.
After the complaint has been filed, it must then be served on the plaintiff and defendant. The plaintiff’s notice of lis pendens must be sent to the defendant as soon as possible. It must also be sent to the FDA, as well as to the United States Department of Justice. If there are no claims filed, then neither party will file a notice of claim.
Plaintiffs and defendants should contact the court and the FDA immediately following receipt of a notice of claim. The plaintiffs and defendants are expected to resolve the matter within sixty days. At that time, either party is free to continue litigation. The FDA will monitor the situation to ensure that the lawsuit proceeds to the conclusion.
The plaintiffs and defendants will make their best efforts to avoid unnecessary delays. The goal of plaintiffs and defendants is to reach an agreement as quickly as possible, and that agreement should be reached before the trial date.
For plaintiffs and defendants who are unable to reach a settlement, the plaintiffs’ and defendants’ cases will proceed to the jury trial. In a jury trial, the plaintiffs and defendants will have an opportunity to make a case to the jury that a defect in the Zofran birth defect cream caused the plaintiff to have an adverse birth outcome.
If the jury rules in favor of the plaintiffs, damages may be awarded to the plaintiffs to compensate for the expenses of the birth defects, medical costs, and pain and suffering. These could be in the form of monetary damages, punitive damages, or reimbursement for lost wages and the plaintiff’s emotional distress.
The jury may not rule in favor of the plaintiffs and defendants, but they will be able to determine whether or not the Zofran birth defects had any real impact on the plaintiff. They may also be able to award punitive damages. In any case, the jury will make a decision about the amount of compensation awarded for the birth defect.
