Elmiron was released in 1996 but the long-term side effect of retina damage wasn’t discovered until over two decades later. Now, hundreds of Elmiron lawsuits against Janssen Pharmaceuticals have been filed in pursuit of justice and compensation.
We have Elmiron lawsuit attorneys in Portsmouth with firsthand experience in pharmaceutical litigation. Our clients trust us to recoup damages while they focus on physical recovery. Pendleton Law can defend your product liability claim and get you paid for your suffering.
Who Qualifies to File a Case Against Elmiron?
With new cases emerging regarding the harmful effects of Elmiron, qualifying factors have been established before it goes to trial next year. Prior to filing a lawsuit against Elmiron, your symptoms must include:
- Blurry/halo vision
- Pigmentary maculopathy
- Macular retinopathy
Aside from physical symptoms, you will have to validate that you began taking Elmiron before Janssen Pharmaceuticals included a side effect warning on their bottles. Any claims that attempt to file after the side effects were added to the effect list will not qualify for compensation.
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What Kind of Damages Can I Win From an Elmiron Lawsuit?
For claims such as these, losses are constructed into two categories: noneconomic damages and economic losses. As Elmiron lawsuit lawyers in Portsmouth, we aim to win both for our clients.
Non-economic damages consist of things that a mental health expert may need to verify such as emotional distress or a diminished quality of life after usage. The credibility of such a witness is required to ensure that you are paid for your pain and suffering.
Economic losses are things like surgery and rehab bills, prescription fees, medical devices, and lost wages (even if your hours were reduced from injury). If your injury while taking Elmiron affected you financially, you may be eligible for a settlement.
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Is Getting an Elmiron Lawsuit Lawyer Worth It?
Consumers that took Elmiron reported that vision problems began around 14 years of regular consumption of the medicine. That means that there are people still at risk of losing their vision. While doctor visits may mitigate the risk, lawyers will protect you from unfair settlements.
Upon filing a lawsuit, the manufacturer may contact you regarding an offered amount. While it may appear that they wish to cover your losses, they really hope to avoid court and paying a fuller settlement amount.
Along with peace of mind, it is proven that having representation during litigation increases your odds of a favorable outcome. Find an Elmiron lawyer near you that can create a strong defense in Portsmouth.
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Is There a Deadline for Filing a Lawsuit Against Elmiron?
Janssen Pharmaceuticals failed to advise their customers of particular side effects, so a product liability lawsuit can be filed for “failure to warn.” Unfortunately, there is a deadline for filing a product liability claim.
Under Va Code § 8.01-243, consumers of Elmiron have two years from the date of experiencing vision loss to file a suit against them. If you have an extenuating circumstance, you can consult with a Portsmouth Elmiron lawsuit attorney regarding exceptions for an Elmiron lawsuit.
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How to Prove Product Liability in an Elmiron Lawsuit
Holding companies accountable can be done with a strategic defense linking a consumer’s suffering to the company’s negligence. The law states that manufacturers owe consumers a duty of protection and are responsible for products that threaten a consumer’s safety.
Due to Janssen Pharmaceuticals withholding information on all side effects, people were harmed. In filing a lawsuit, proving product liability heavily relies on the victim’s damage correlating with the company’s behavior.
Legal Process of the Elmiron Lawsuit Trial
It’s important to know what to expect from a trial like this. Bigger companies such as Janssen Pharmaceuticals can be intimidating and uncomfortable to face. Our team of Portsmouth Elmiron lawsuit attorneys is present at every step to help you with the following stages of your lawsuit:
Summoning the Defendant
A summons will be issued to a representative of the company. Usually, response times are within a month of receiving the summons. Your letter will give a detailed summary of the damage experienced since using Elmiron and an estimate of your requested settlement.
Once the company responds, it will be evident if negotiations are possible.
During this phase, both parties are allowed to ask and answer questions regarding the injured party’s Elmiron usage and symptoms.
Giving Opening Statements and Witness Testimonies
This is another moment for the parties to reach a fair settlement. If one can not be made, a trial is the next step. Both sides will present specific details to summarize the case and bring witnesses forward if needed.
Closing Arguments and the Court’s Decision
After witnesses have spoken, each attorney will present a persuasive closing argument for the jury to deliberate on. The case is over after a verdict is reached.
How Long Will My Lawsuit Take?
There isn’t a definitive amount of time that a drug-related lawsuit can take. This lawsuit, in particular, hasn’t gone before a court before but will in 2023. Personal lawsuits allow you to recover losses for things that multidistrict litigation won’t, so the discovery phase can be longer.
Your attorney can keep you updated on the progress of your case, as well as any COVID-19-related court delays.
Find an Attorney to Represent Your Elmiron Case Today
You’ve suffered long enough. Don’t allow a big corporation to intimidate you from seeking compensation. Our legal team is well versed in product liability cases. And our Portsmouth Elmiron lawsuit attorneys are ready to pursue the compensation you deserve for your injuries.
When you are ready to fight for your case, contact Christina Pendleton & Associates. Your first consultation session is free and you will only pay for our services if your case is won.
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