Every parent prays for a healthy child. However, 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 the medication Zofran to alleviate morning sickness. The drug was designed for cancer patients, and does alleviate morning sickness. However, 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 manufacturer 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.
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?
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.
If you or your child has been harmed by a drug or product, talk to a Parvey & Frankel lawyer today.