With published studies showing a correlation between clomiphene and birth defects, some may wonder whether a Clomid class action lawsuit will be filed against fertility drug manufacturers. While a Clomid class action is not likely to be filed, affected families may be eligible to pursue claims for compensation with the help of a Clomid lawsuit attorney.
If you or a loved one took Clomid or Serophene before or during pregnancy and delivered a child with birth defects or other complications, contact Attorney Group for more information about your options. We can answer your questions in a free and confidential consultation. If you wish to pursue a claim, we can connect you with an affiliated Clomid attorney who can file a Clomid lawsuit on your behalf. The time to pursue a claim is limited, so contact us today.
What is a Class Action?
A class action encompasses a group or “class” of people that have been similarly harmed by the actions or product of a defendant or defendants. A single court usually oversees these types of cases, and the ruling applies to all of the claimants in the class. An entire group of claimants is also usually represented by a single group of lawyers rather than their individual attorneys. Settlements reached as a result of a class action are usually applicable to the entire class. If members of the class wish to pursue their own individual claims against the defendant or defendants, they can opt out of the class action suit. Otherwise, the ruling or settlement that is reached applies to everyone in the group.
Has a Clomid Class Action Lawsuit Been Filed?
While a Clomid class action lawsuit has not been filed in the U.S., Clomid attorneys are investigating potential lawsuits against drug makers, which are expected to claim that the drug makers failed to properly inform the public about severe birth defects associated with the fertility drug Clomiphene (also known as clomifene). Despite claims of its effectiveness, a study reported by the Centers for Disease Control (CDC) has noted a correlation between clomiphene citrate, the active ingredient in the fertility medications Clomid and Serophene, and a number of birth defects and conditions affecting the children of mothers who were prescribed the drug.
With the emergence of studies potentially linking Clomid to an increased risk of birth defects in babies exposed to the drug during the early stages of pregnancy, it is expected that a Clomid lawsuit will be filed on behalf of the families of affected children.
As of February 1, 2016, a Clomid class action lawsuit has not been filed, and it is not believed that a lawsuit will be certified for patients who claim they have been harmed by Clomiphene or Serophene. However, if multiple claims are brought alleging injuries caused by Clomid, Clomid attorneys anticipate that the lawsuits could be consolidated into a multidistrict litigation, or MDL, for discovery and other pretrial proceedings.
Affected Families May Be Entitled to Compensation
Drug manufacturers have a duty to ensure their products are accompanied by full and accurate instructions and warnings to guide prescribing doctors and other health care providers in making treatment decisions. If a drug maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
The parents of children who were born with birth defects linked to Clomid or Serophene may be entitled to compensation for damages, including the child’s:
- Medical expenses
- Pain, suffering, and mental anguish
- Scarring or physical deformities caused by the birth defect or treatment
If a child died due to birth defects linked to Clomid or Serophene, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of their child prior to death
- Pain, suffering, and mental anguish from the loss of a child
- Funeral expenses
Affected families are encouraged to seek the advice of a Clomid birth defect lawsuit attorney to learn more about their rights and remedies.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might 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 or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.