Birth Defects From Drugs: What Do Paxil Lawyers Need To Investigate SSRI Birth Defect Claims?
In order to investigate an anti-depressant birth defect claim, Paxil lawyers typically need proof that the mother ingested an anti-depressant during the first or third trimesters while they were pregnant. That can come from pharmacy records, medical records or the pill bottle itself. Evidence of the child's injury is also needed. If you have those two pieces of information, that's enough to contact a lawyer and begin the process of obtaining all the medical records and having an expert evaluate the case.
Unfortunately, many injured victims don't contact a Paxil attorney because they believe it would cost too much. However, the exact opposite is true. There's actually no cost associated with investigating the case or bringing an SSRI birth defect case to court - as these types of cases are handled on a contingent basis, which means that the law firm would pay the costs to investigate the case, retain experts, obtain records and contact physicians. Paxil attorneys would be reimbursed for their costs and expenses only if they were able to recover something for the family.
Anti-Depressant Birth Defect Lawsuits: Statute Of Limitations May Be Extended
The applicable statute of limitations in an anti-depressant birth defect lawsuit will depend upon the law of an individual state. Some states have a one year statute of limitations; other states have two or three year statutes of limitations, meaning it's typically one, two or three years from the date of the injury or the date that the parents learned of the injury or the date that the parents link the injury to the medication to file a lawsuit. That means the clock is ticking on the parents.
With respect to children, most states have minor tolling statutes - which means that the clock on the kids for the one, two or three years doesn't start ticking until the child reaches 18 years old. So even if a number of years have passed and you think that it's too late to bring an SSRI birth defect claim on behalf of your child, Paxil lawyers say that it is I probably very likely that you can still bring a claim for your child because they're still a minor and their statute has yet to run.
Anti-Depressant Birth Defect Damages In SSRI Pregnancy Cases
The types of damages which might be available to an injured child or his or her parents might include the recovery of past and future medical expenses, compensatory damages, the pain and suffering not only of the child, but of the parents who have to watch their child go through these multiple surgeries. A component of pain and suffering and emotional distress damages would also potentially be sought in these types of SSRI birth defect cases. There is also the potential of punitive damages as a result.