When you go to a medical professional, you want to know that the medication you’ve been prescribed is going to improve your conditions, not make them worse. Unfortunately, Elmiron straddles a line between efficiency and harmfulness. Its complexities have allowed it to stay on the market. However, it can have a serious impact on your vision over time.
If you’ve started to lose your vision or suffer blindness as a result of Elmiron usage, you may have a product liability case on your hands. You can work with our Elmiron lawsuit attorneys in Richmond at Christina Pendleton & Associates to pursue your case independently or consolidate with the state’s multidistrict litigation (MDL) to fight for compensation. We’re here to help you get the compensation you deserve. Contact our Richmond personal injury lawyers today for a free consultation.
How to Open an Elmiron Complaint
Under perfect operational circumstances, Elmiron is a drug created to help patients contend with bladder pain. The drug targets interstitial cystitis as an anticoagulant. It is the only drug of its kind, making it an essential marketplace staple for patients who need pain relief.
However, circumstances arose in the early 2010s that made several Elmiron users eligible for financial compensation. These parties, who took Elmiron for two years at a time, began to file complaints with personal injury lawyers.
When it appeared that the case was gathering national interest, certain parties opted to transfer these cases from independent product liability cases to what is now known as a multidistrict litigation suit.
Qualifying for an Elmiron Suit
If you want to file a suit against Elmiron’s manufacturer, you must first see if you qualify for compensation. Virginia requires all filers to have taken Elmiron for at least two years before developing certain health conditions. These conditions can include:
- Visual distortions
- Blind patches
- Failing night vision
- Eye pain
- Retinal maculopathy
- Pigmentary maculopathy
- Macular degeneration
If you’ve suffered from these conditions and you have a third party to vouch for you, you can work with Richmond Elmiron lawsuit attorneys to file your product liability complaint.
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Fighting for Financial Support After Elmiron Use
As of late 2021, Elmiron is still on the market. Janssen Pharmaceuticals and its parent company, Johnson & Johnson, attribute the drug’s continued presence to the need for comprehensive interstitial cystitis treatment.
Impacted parties disagree. Patients impacted by the drug cite greed as the force driving the company’s desire to keep Elmiron on the market. These individuals also believe that consumer warnings were significantly delayed.
In the days since Elmiron’s first cases went to court, Janssen Pharmaceuticals began listing optimological side effects on the Elmiron bottle. However, cases filed before a certain date still have the legal right to hold the manufacturer accountable for its alleged oversight.
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Settlements in Elmiron Cases
None of the Elmiron cases brought before Virginia’s courts have concluded as of late 2021. As a result, the average settlement for an Elmiron case is unknown. The matter of compensation grows more complicated when you consider the unique elements that apply to your case.
Your Elmiron losses can be both economic and non-economic. You’ll want to include both in your final estimate to determine what kind of financial support you may be entitled to.
Estimating Elmiron Compensation
Anyone suffering from a loss of vision likely spends a lot of time at the eye doctor. If you pursue an Elmiron case, you can include related medical bills in your estimated compensation. You may also include the cost of specialty glasses, surgeries, and any aids needed to reduce your pain.
If your vision loss causes you to lose your job, you have non-economic damages on your hands. These damages can also include lack of enjoyment of life, pain, and suffering. While these losses may not have a concrete dollar value, you can work with Elmiron lawsuit lawyers in Richmond to calculate how much you may be owed.
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Elmiron Case Liability
Individuals filing product liability cases against Elmiron bring their cases against the manufacturer, Janssen Pharmaceuticals. Your individual case will fall in with the state-wide, multidistrict litigation suit.
This case specifically identifies Janssen Pharmaceuticals as the party liable for patients’ losses. Johnson and Johnson has divested from its manufacturer since these complaints came to light, limiting the legal action that can be taken against the broader company.
Establishing an Individual Complaint
That said, you’ll still need to do some establishing legwork in your initial complaint. While you can list Janssen Pharmaceuticals as the liable party, you also need to draw connections between Elmiron and your visual conditions. This gets easier when you have Richmond Elmiron lawsuit lawyers on your side.
By establishing a duty of care and the violation of that duty, you can emphasize the manufacturer’s responsibility for your losses. Include any evidence you have alongside your initial complaint. These early contributions will make it easier for you to negotiate a settlement later down the line.
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Statute of Limitations on Elmiron Cases
While most Elmiron cases operate as multidistrict litigation pieces, you still have a limited amount of time to file your case. At their core, Elmiron cases are product liability cases. As such, Va. Code § 8.01-243(A) gives residents two years from the day they discover their vision problems to file a case against Janssen Pharmaceuticals.
If you learn more about your legal options outside of this time block, don’t give up. There may still be ways for you to pursue financial support. You can meet with Elmiron lawsuit attorneys in Richmond to learn more about the specifics of today’s MDLs and how you might lend your case to state-wide litigation.
Christina Pendleton & Associates Is Ready For Your Case
Your health is of paramount importance. While Elmiron can help you control interstitial cystitis, it can also compromise your eyesight. You do not have to let sudden problems with your vision go unanswered.
Instead, contact a Richmond Elmiron lawsuit lawyer with Christina Pendleton & Associates. You can schedule your first appointment over the phone or via our online form.
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