Alabama Zofran lawyers note a new bill recently signed into law by the Governor of Alabama, gives residents until October 2015 to file new claims in a generic Zofran lawsuit. The new law removes a principle known as innovator liability, which allowed those who were allegedly harmed by the use of generic prescription drugs to file suit against the pharmaceutical company who held the original patent, not the company who actually made the generic medicine. Innovator liability is only recognized in four states: Vermont, California, Illinois, and until October 2015, Alabama.
If you or a loved one took Zofran or its generic equivalent while pregnant, and delivered a baby with a birth defect, contact Attorney Group for Alabama for more information. We offer free, no-obligation consultations and can inform you of your options. If you decide to pursue a claim, we can connect you with an affiliated Zofran lawsuit attorney.
Generic Drugs And The Law
Federal law requires that generic drugs be equivalent to their brand name counterparts. A generic drug must not only function the same as a brand name drug in the human body, but it must be labeled in the same exact way as well. Moreover, the U.S. Supreme Court has issued two separate rulings that make it clear that state laws requiring adequate risk warnings on drugs are preempted by federal laws that dictate a generic drug manufacturer’s ability to revise its warning labels.
This law makes it impossible for generic drug manufacturers to revise their own labeling unless and until the brand name label is revised. Since many pharmaceutical lawsuits involve allegations of a failure to warn patients of risk, this law effectively eliminates patients’ abilities to bring these claims against generic drug makers, like a generic Zofran lawsuit, for example.
Affected Patients May Be Entitled to Compensation
Women who took Zofran or its generic equivalent while pregnant and delivered a baby with birth defects may be entitled to compensation for themselves and their child. Damages may include:
- Pain and suffering
- Medical expenses
- Mental anguish
- Disfigurement and scarring from a birth defect or medical treatment
If a child dies as a result of a birth defect, family members may be able to pursue wrongful death claims. These kinds of damages can include:
- Pain, suffering, and mental anguish resulting from the loss of a child
- Medical expenses attributable to the fatal birth defect
- Conscious pain and suffering of a loved one prior to death
Affected families are encouraged to speak with a Zofran lawsuit attorney to learn more about their rights and remedies.
Contact Us For More Information
If you or a loved one took Zofran or its generic equivalent, and delivered a child with birth defects, contact Attorney Group for Alabama for more information. You can fill out the form on this page, call us at the number listed at the top of the page, or email us at [email protected].
When you contact us, an attorney will follow up with you to speak with you about your case or answer questions that you may have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim for an injury. If you think you have a case, you should not delay taking action.
See our Frequently Asked Questions page for more information, and contact Attorney Group for Alabama today.