If you choose to file in state court, your specific jurisdiction might have variable requirements to file. However, many Zofran lawsuits are being filed in federal court and this requires a few key things by law:
- Citizenship: The plaintiff must be from a different state than all of the defendants and the amount in controversy must exceed $75,000 as 28 U.S.C. § 1332 provides: “The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States.”
- Venue: You must pick a federal jurisdiction that has some connection to the parties or circumstances of the case as 28 U.S.C. § 1391 states: “A civil action may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.”
For additional information see the following pages:
- Why were pregnant women prescribed Zofran?
- What types of birth defects in children have been associated with Zofran usage?
- Has the FDA issued any warnings concerning the use of Zofran during pregnancy?
- Has there been a recall of Zofran from the market?
- Have there been any lawsuits filed against the manufacturer of Zofran related to birth defects in children?
- If I took Zofran during my pregnancy and my child was born with birth defects, can I file a legal claim or lawsuit to recover compensation for their injuries?
- Are there any time constraints for pursuing a lawsuit related to Zofran-birth-defects?
- What damages are available for myself and my child in a Zofran birth defect lawsuit?
- If a took a generic version of Zofran, can I still pursue a legal claim for damages related to my child’s birth defects?
- Are there any class action lawsuits against GlaxoSmithKline, the manufacturer of Zofran, for children who have birth defects following Zofran usage during pregnancy?