Our law firm is currently investigating possible class action and or single party civil lawsuits against manufactures and distributors of the potent bronchodilator Terbutaline. According to recent scientific studies by research institutions and FDA warnings the use of Terbutaline (also known by brand names Brethaire, Brethine, Brican, Bricanyl, Bricar, Bricaril, Bricyn, Terbutalin, Terbutalina, Terbutalino, Terbutalinum)for preterm labor may lead to serious medical health issues. According to a recent FDA warning
for oral Terbutaline, “should not be used either to treat preterm labor or prevent recurrent preterm labor.” Some serious medical complications associated with the use of Terbutaline include
Possible Risk of Birth Defects
- Heart complications resulting in heart attack and death
- Increased heart rate
- Myocardial ischemia
- Pulmonary Edema
: The FDA has also warned of an increased risk of birth defects amongst of the unborn fetus due to the pregnant mothers use of Trebutaline. Some of the likely birth defect which may result from the use of Terbutaline include
- Damage to the brain
- Slow development of the child cognitive abilities
- Learning disabilities and speech defects
- Difficulty processing information
- Movement disorders
Filing a Class Action Lawsuit Against Manufacturers of Terbutaline
Class action lawsuits take place when there are a large number of victims with an actionable claim against a at fault party (defendant). Class action claims require certification with the court. Certification is based on the showing of several factors..
Wining Your Case – Product Liability Lawsuit:
- Numerosity: The presence of a large number of claimants.
- Commonality: The claimants have a common issue of fact or law against the at fault party.
- Adequacy: The class representative is able to adequately represent the legal or factual issues of all the members of the class.
- Typicality: The class representatives legal or factual issues are nearly identical to that of the other class representatives
The vast majority of drug side effect and injury claims are based on the product liability cause of action. Product liability lawsuit
can be proven by showing one of three different defects…
1. Defect in the Original Design of the Product
: A design defect can be established when at the time of manufacturing there existed a similar drug design with the same level of efficacy and a significantly reduced risk of harm.
2. Defect in the Manufacturing Process of the Product
3. Labeling Defect – Failure to Warn
: In many instances drug companies fail to properly place warning signs on their products in order to increase their sale.
Compensation Available Parents and Children – Birth Defect Recovery:
Victims of child birth defects due to a pregnant mothers use of defective drugs are able to receive compensation for all harms suffered. The value of a drug defect class action or single party lawsuit are based on several important factors. Some of the most important factors in determining the value of a settlement or jury awards include
- The severity and magnitude of the injury
- Hospitalization costs and cost of future medical care
- Future costs of rehabilitation including nursing and home care
- Pain and suffering associated with the injuries suffered
- Availability of Punitive Damages – Punitive damages can be awarded where the manufacturer of the drugs failed to warn of all known and knowable dangers associated with the use of the drug.
If your child has suffered serious birth defects
do to the use of the dangerous drug Terbutaline feel free to contact our law offices toll free (888) 649-7166
. All legal consultations regarding your child injuries are free of charge and confidential.
Statute of Limitations Terbutaline Birth Defect Lawsuits