The drug Zofran (Odnansetron) was manufactured to help cancer patients to treat nausea that usually follows chemotherapy treatments. The FDA's approval of Zofran was limited to only this use. However, manufacturer GlaxoSmithKline took the liberty of marketing the drug to pregnant women to treat morning sickness. Unfortunately, not only did the FDA not approve the drug for this use, but studies soon found that use of the drug to treat morning sickness was linked to birth defects.
After pleading guilty to federal charges of fraud and illegal promotion, and settling the matter for $3 billion, the manufacturer now faces various others pending lawsuits as a result of the injuries stemming from Zofran's unapproved use.
As all attorneys and firms are undoubtedly aware, demand letters are used to settle personal injury cases usually before a lawsuit. A well-prepared demand letter sets the tone for settlement negotiations between parties, which can save firms money and resources. Moreover, in the personal injury arena demand letters are the best and most viable options for firms seeking to settle on reasonable terms.
Our drafted personal injury demand letter begins at the point of impact and ends with the medical chronology of the treatment. It guides the adjuster through all that the claimant has lost as a result of the insured's negligence. It effectively limits the adjuster's options for objecting to the amount of your settlement demand.
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