I was a victim of the drug Zofran and my son was born with multiple heart defects. I don't want to file a class action lawsuit.

I am sorry to hear about your family's troubles. The epidemiology suggests that Zofran more than doubles the risk of heart defects. Below is a link that summarizes the studies by the medical community on large populations. http://zofranlegal.com/resources/the-studies-that-associate-child-birth-defect-risks-with-zofran/ In addition, these lawsuits are not class actions, but individual claims. The difference between a mass tort and a class action is a question we regularly get from our initial Zofran inquiries. As a result we wrote this blog post: http://zofranlegal.com/birth-defect-class-actions/ If you want to file a lawsuit against the manufacturer of Zofran, you will need to consult with a law firm that is actively filing lawsuits in this litigation.

I understand that you do not want to be a part of a large class action suit. The purpose of those class action suits is to make it possible for everyone in the class to have a successful claim, where it might be prohibitive to file individual claims due to the cost of the individual actions. Of course there are many other reasons as well, such as judicial economy, ease of settlement, disburse costs of the action, etc. If you would like to pursue an individual claim, of course that is possible, but understand that the cost of such an action is VERY expensive and those costs will come from either the case settlement or jury verdict. Pharmaceutical suits require extensive expert testimony use and reviewing studies like the earlier post referred to. I would definitely suggest that you speak with a couple of reputable attorneys for this matter so that you can make the most informed decision possible.

So sad to hear of your troubles. Your poor child will suffer for life. You need to consult a local attorney. There are pros and cons of joining a class action. You really need to schedule a consultation with several different attorneys and find one you are comfortable with. It is important to be educated. Use the find a lawyer tool on this website. Lots of us offer free consultations. Prayers to you and your family :-(

People typically can opt out of a class action.

To start, here is a link to our Zofran Information page that shows some of the birth defect cases we are currently investigating, which include several types of heart defects: http://www.druginjurylaw.com/zofran-birth-defects-congenital-heart-problems-lip-cleft-palate-deformities-malformations/ We believe people who had a serious injury, or the family of someone who has died, are better served when an individual lawsuit is filed on their behalf. A serious injury or death case should not be filed as part of any class action together with the claims of many other people who may have had different injuries or, even, no injury at all. Put otherwise, a class action is probably not the best way to handle a serious injury or death case. If the case cannot be settled successfully, you are better off to have your own individual lawsuit filed at the courthouse and get your day in court. The firm does not put any of its clients into class action lawsuits. Rather, we always take an individual case approach, which allows us to give personal attention to our clients from start to finish.

Unfortunately, you have not asked us a question. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on .com. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.