Depakote is a prescription medication that is manufactured by Abbott Laboratories, and it was approved for use in the United States in 1983 in its original form. Depakote is used to treat several brain-related conditions that include migraine headaches, the manic episodes associated with bipolar disorder and epilepsy. Unfortunately, reports of alleged Depakote side effects eventually began to surface from consumers who were using the drug, which has led to contacts being made with Depakote lawyers around the country.
When it comes to potential lawsuits involving prescription drugs, legal history has shown that these situations can proceed either by way of individual lawsuits or by way of class action lawsuits. Below is a look at the positive and negative aspects of both manners of pursuing justice when it comes to pharmaceutical drug lawsuits.
Possible Individual Depakote Lawsuits
Individual lawsuits are those filed by consumers who have had a prescription drug prescribed to them that allegedly led to serious side effects that caused harm. When compared to class action lawsuits, there are positive and negative possibilities to consider, and each is described below.
Positive Aspects of Individual Depakote Lawsuits
There are several potentially positive aspects of filing an individual pharmaceutical drug lawsuit. First and foremost among them is that if a lawsuit is filed and a verdict is rendered for the plaintiff or a settlement is reached, that individual plaintiff will collect all of the damages that are awarded or agreed upon in a settlement, minus costs and attorney fees.
In addition to the potential to recapture all of the damages incurred individually, the individual plaintiff has an opportunity to present evidence to the court that pertains only to the harm he or she suffered. Therefore, a defective drugs attorney with skill and experience will be able to personalize the situation that led to the injuries suffered by the plaintiff, which can have a positive effect on a jury. This is especially so if the lawsuit concerns alleged Depakote side effects that include severe birth defects suffered by the child of a mother who was using this medication while pregnant.
Negative Aspects of Individual Depakote Lawsuits
Of course, there are also potentially negative aspects involved with filing an individual pharmaceutical drug lawsuit. One such negative is that all of the costs of the litigation, including witness and attorney fees, are incurred by the plaintiff. If the case is successful, these costs will usually be paid out of the settlement or the judgment that’s rendered.
In addition, the scope of the harm that an allegedly defective and dangerous prescription drug caused is limited to the individual situation that led to the lawsuit, which can make it somewhat easier for the defense to assert successfully that the harm that was suffered was due to some other cause than the medication that was used.
Possible Depakote Class Action Lawsuits
As is the case with individual lawsuits, there are also positive and negative aspects to class action lawsuits, which involve the combining of individual claims by people who have suffered similar harm because of the same alleged side effects associated with a medication. These aspects are explained below.
Positive Aspects of Class Action Depakote Lawsuits
Perhaps the most positive aspect of a class action lawsuit that deals with allegedly defective prescription drugs is that the jury will see just how massive the damage can be when a drug that causes dangerous side effects is released to the public. This could be particularly true in a Depakote class action lawsuit if the alleged side effects that involve severe birth defects are proven successfully.
This expanded scope of alleged harm will also make it much more difficult for the defense to assert that the drugs that were used did not cause the side effects that were alleged, as it would be nearly impossible to persuade a court that a drug at issue did not cause hundreds of injuries as opposed to just one.
Partially because of the reasons mentioned above, filing a class action lawsuit can also make it more likely that a defendant or defendants in a pharmaceutical drug class action lawsuit will settle the matter out of court. Defense attorneys understand the difficulty of their position based on what a jury will hear and see, and the potential for damages awarded in a verdict can lead the defendant to recommend to attorneys to conclude the matter as quickly as possible.
Negative Aspects of Class Action Depakote Lawsuits
In terms of the potential negative aspects of filing a class action lawsuit, the analysis begins with the fact that one damages award or settlement must be split among the plaintiffs, which could number in the hundreds or more. In addition, the evidence that’s presented will be general in nature, which means that the jury would not necessarily hear or see all of the harm that’s been alleged by these medications.
Finally, being one of many can also bring difficulties in terms of having concerns or even general input heard, and the attorneys who represent the class of plaintiffs will be forced to make decisions based on the interests of the entire class as opposed to individuals who have suffered as a result of these injuries.
A Depakote Lawyer Can Help
Filing a Depakote lawsuit for possible birth defect injuries caused by taking Depakote during pregnancy should be done with the help of an experienced Depakote lawyer. Depakote lawyers possess the knowledge necessary to effectively handle defective drug litigation, help choose between an individual or class action lawsuit track, and can make sure birth defect victims are adequately compensated for alleged birth injuries related to the use of Depakote. Proper Depakote lawsuit representation could mean the difference between being compensated for birth injuries you and your family have suffered through. Fill out the Depakote Claim Review form to speak with a Depakote lawyer about the possibility of a lawsuit.