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Step 1
Gather evidence about your antidepressant use. To prove liability you would need to find proof that the antidepressant drug was prescribed by a health professional and that you used it while you were pregnant. Get a copy of your prescriptions and pregnancy tests.
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Step 2
Gather evidence that birth defect was not likely due to genetics, heredity, disease, mother's misuse of illegal drugs, or other factors. You can ask your doctor for help in obtaining these records.
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Step 3
Make a list of potential attorneys through recommendations. Ask medical professionals, support groups, fellow parents, and your personal attorney for recommendations.
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Step 4
Make a list of drug liability attorneys you find on the Web. Many paroxetine drug attorneys have Web pages. Search using keywords such as: the name of the antidepressant drug, birth defect, attorney, lawsuit, and the name of a large city near you. If you live in Southern California, for example, use "Los Angeles paroxetine birth defect attorney." Look for professional-looking sites with information about drug liability cases.
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Step 5
Narrow both lists to those with the proven experience winning pharmaceutical cases. Drug liability cases often require expert witnesses and involve complex legal issues so you want a firm with specialized knowledge.
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Step 6
Make a list of questions to ask your top 3-5 candidates, such as: Will you be my attorney . . . or do you refer the case out? How many drug liability cases have you had? Did you settle them, or did they go to trial? How much were the settlements or trial verdicts? Have you worked specifically on drug liability cases? Most attorneys offer this initial consultation for free, so once you have the list, call each office and ask.
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Step 7
Be sure to ask detailed questions about legal fees. Most drug liability attorneys will work on a contingency basis, which means you pay nothing unless your attorney achieves settlement. But you need to know what percentage the attorney charges. Some attorney charge a higher percentage if a settlement cannot be reached and the case goes to trial. Also ask how other court costs are paid. Some include it in the percentage fee, others do not.
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Step 8
Ask if the attorney can share details of similar cases. No attorney can promise you a certain amount of money, or even that you will win anything. But past cases might provide you with an idea of what type of compensation might be possible. Some attorneys may share testimonials from other clients as well.
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Step 9
Find out the location of the attorney's office and how convenient it is. Ask if the attorney will come to meet you if necessary or how much work can be conducted over the phone.
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Step 10
Get a feel for the attorney's personality and that of office staff. You want a lawyer with whom you feel comfortable and who understands the tremendous stress health problems have caused your family. You want someone willing to give you the time you deserve and who is willing to answer all your questions.
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Step 11
Check the record of potential lawyers by doing a Google search of his or her name online and by checking with your state bar association. Every state bar association keeps tracks of complaints and will give you that information for free. You can also ask your personal attorney's opinion.
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Step 12
If you do win a settlement, consult with financial experts so the money lasts. Monetary compensation cannot undo the damage of a birth defect, but invested and managed right, the money you receive can relieve economic hardship and provide for security for your family. Good luck.
