Class Action v Individual Depakote Lawsuits

Because of Depakote’s alleged potential to cause significant harm in infants exposed to the drug during pregnancy, a number of Depakote injury cases are being investigated across the United States. Anticonvulsant medications like Depakote have been associated with a number of major birth injuries which can cause life-altering complications in an affected child. Individuals who have suffered from a birth defect related to the use of Depakote may be entitled to reimbursement for their injuries. With the help of an experienced Depakote attorney, Depakote injury victims can collect the compensation they deserve.

Depakote Class Action Lawsuits for Birth Defects

Depakote lawsuits can be filed by Depakote attorneys in one of two ways: a class action lawsuit or an individual personal injury lawsuit. The benefit of filing an individual lawsuit is that if the verdict is in favor of the injured victim or a settlement is reached, the victim will collect the full amount of damages awarded or agreed upon in a settlement, minus attorney fees. Another benefit of an individual personal injury lawsuit is that the lawsuit is just that, personal. The Depakote lawyer has the opportunity to present evidence related to the specific injuries sustained by the victim in particular, which personalizes the case. Unfortunately, while the Depakote victim has the opportunity to gain all the damages awarded, he also is responsible for all the costs involved in litigation, including attorney fees and court costs. Furthermore, just one individual representing the dangers of Depakote is less impressive than if an entire group suffered similar injuries related to the drug.

On the other hand, a Depakote injury victim may have the option of joining a class action lawsuit, which also have advantages and disadvantages. First and foremost, a large group presenting their Depakote-related injuries to the court has a much stronger effect than if just one person were to be involved. In addition, it would be much more difficult for the defense to assert that the injuries sustained by a group of people who all took Depakote were caused by some factor unrelated to the medication. Furthermore, both of these reasons may increase the willingness of the defense to offer a settlement rather than face a class action lawsuit in court. However, in class action lawsuits, the damages awarded must be divided amongst all plaintiffs and individual Depakote victims may not necessarily have the opportunity to present their own unique case to the court.

Depakote Lawyers Help Birth Injury Victims Take Legal Action

Both individual and class action lawsuits have pros and cons, both of which must be considered before any action is taken by the Depakote injury victim. Individuals who have been harmed by the anticonvulsant drug Depakote are entitled to fair reimbursement for their injuries and, regardless of their decision, a Depakote lawyer will fight for the rights of the victims, helping them to collect the compensation they deserve.