In Illinois and across the country, many victims of eye damage have begun filing lawsuits against the makers of Elmiron to recover compensation. Specifically, class action lawsuits have appeared to hold manufacturer Janssen Pharmaceuticals liable for Elmiron long-term side effects, including vision problems resulting from eye damage.
Elmiron and Its Medical Uses
Original manufacturer Baker Norton Pharmaceuticals developed Elmiron to help treat interstitial cystitis (IC), a bladder condition from which approximately one million people suffer in the U.S. The U.S. Food and Drug Administration (FDA) approved Elmiron in 1996 when many experts considered it both effective and safe.
However, as the years progressed, certain Elmiron’s long-term side effects began to show in IC patients who had taken the medication. One of the more severe side effects involves eye damage.
Eye Damage From Elmiron
So, what are the recent Elmiron lawsuits for, exactly? The plaintiffs in these cases are seeking Elmiron compensation for different types of eye damage, including maculopathy, which entails the degeneration of the retina. As a result of this eye damage, many people who took Elmiron sustained permanent vision loss or vision problems.
Long-Term Usage Can Increase the Risk of Eye-Related Complications
Over time, patients taking Elmiron may experience different degrees of eye damage and vision loss, with more recent case reports and studies determining that the long-term use of Elmiron coincided with increasingly prevalent cases of pigmentary maculopathy.
Some symptoms of this maculopathy include blurred vision, difficulty adapting to dim light, and permanent loss of vision. Additional symptoms could include the following:
- Difficulty seeing objects up close
- Dimmer overall vision
- Reading difficulties
- Blind spots within your field of vision
- Loss of detail in objects
Who Can File an Elmiron Eye Damage Lawsuit in Illinois?
You may wonder, “Who can file an Elmiron lawsuit?” Generally, anyone who has taken Elmiron daily for six months or longer to treat IC and experienced a gradual loss of vision or other vision problems may qualify for an Elmiron lawsuit. You may notice that you’re experiencing symptoms associated with pigmentary maculopathy or have received a diagnosis. In any case, you can speak with a doctor and an attorney to discuss your symptoms and potentially begin a lawsuit.
The Legal Process in Elmiron Eye Lawsuits
The legal process in Elmiron lawsuits typically involves a few key stages. The process begins with filing a lawsuit with the help of an attorney, which initiates the discovery phase.
During discovery, the plaintiffs and defendants will have the chance to exchange and learn the facts of each case, with plaintiffs submitting retinal imaging and other medical documentation to prove the extent of their eye damage or other health issues.
The majority of these cases have gone to federal court as part of the multidistrict litigation (MDL) case involving Elmiron. However, some have gone to state courts, including New Jersey, the home of Janssen Pharmaceuticals.
A lawyer with experience handling these and other mass tort cases may be able to give you a better idea of what to expect with an Elmiron lawsuit as you begin building a case.
Documenting Medical Expenses
One of the main factors determining Elmiron compensation in these cases is medical documentation and the expenses involved in treating eye problems and other conditions. To prove these economic damages in your case, you must maintain copies of all medical records, bills, receipts, and other pertinent documentation.
If you’re unable to get a hold of any documentation for use in an Elmiron lawsuit, you may work with a lawyer to assist you. He or she may also collect any other relevant evidence that might help prove both economic and non-economic damages, including other costs and pain and suffering resulting from eye damage related to Elmiron use.
Possible Outcomes and Settlements for Elmiron Eye Damage Victims
The amount of compensation that plaintiffs in Elmiron cases may recover can reach figures up to around $1,000,000. The reason for this high potential compensation is the severity of many injuries that people have sustained resulting from the long-term use of Elmiron.
The average sum of anticipated compensation is around $500,000, but specific influencing factors will determine the total amount of compensation in each lawsuit.
Factors That Can Impact Your Compensation for Damages
There are several key factors that can impact the amount of compensation you’re able to recover.
The main factor that will dictate how much compensation you can get is the severity of the eye damage you sustained. Your compensation could fall on the higher end if you have received a formal diagnosis of pigmentary maculopathy or another condition involving extensive eye damage. Generally, the more serious the injuries and eye damage, the higher the potential Elmiron compensation.
The severity of injuries will also influence the amount of damages you sustain, which will more directly impact the settlement amount. For instance, you may need to spend thousands on medical care to treat your condition, and you may be unable to work in the same capacity as you could before your condition developed, resulting in lost income and earning capacity. Permanent extensive vision loss could also require individuals to make modifications to their homes or vehicles to accommodate a disability, and the pain and suffering resulting from your condition could contribute to non-economic damages.
How a Lawyer Can Help You
If you want to file an Elmiron lawsuit in Illinois against Janssen Pharmaceuticals, these cases can be complex and difficult to win without some help. To get the assistance you need to prove your damages and maximize your chances of success, consider speaking with a mass torts lawyer who knows how to handle these types of cases.
With the help of a lawyer, you can better determine whether you have a viable lawsuit and figure out how to proceed.
Chicago personal injury and workers’ compensation attorney Howard Ankin has a passion for justice and a relentless commitment to defending injured victims throughout the Chicagoland area. With decades of experience achieving justice on behalf of the people of Chicago, Howard has earned a reputation as a proven leader in and out of the courtroom. Respected by peers and clients alike, Howard’s multifaceted approach to the law and empathetic nature have secured him a spot as an influential figure in the Illinois legal system.