What Is the Latest on the Elmiron Lawsuit

As of November 2023, there are 1,920 pending cases in a multidistrict litigation (MDL) lawsuit against Elmiron manufacturers. However, no recent cases have come up within the last two months, meaning this number is likely to stay the same for the rest of the year.

The majority of these cases have reached a settlement and will see dismissal after plaintiffs recover their settlements. If you believe you or a loved one suffered vision loss and eye damage because of the use of Elmiron, you may still be able to file a lawsuit and join the MDL.

Elmiron Users in Illinois

One question you might ask is, “Who can file an Elmiron lawsuit?” Many Elmiron users have suffered eye damage and resulting vision loss after years of using this medication to treat interstitial cystitis (IC). As a result, many plaintiffs have filed lawsuits against Elmiron’s manufacturers, including Johnson & Johnson and Janssen Pharmaceuticals.

You may qualify for an Elmiron lawsuit if you meet the following criteria:

  • You took Elmiron to treat interstitial cystitis under the advice of your doctor.
  • Your medical provider failed to warn you of the risks associated with Elmiron.
  • You experience symptoms of eye damage from Elmiron, which could include loss of vision and other related symptoms.
  • Your eye condition worsened over time, and you received a diagnosis related to eye damage, such as toxic or pigmentary maculopathy.
  • You found a link between Elmiron and your eye condition long after using the product.

If you’re not sure whether you qualify for an Elmiron lawsuit, you may consult with a class action attorney to discuss a potential case.

Elmiron’s Purpose and How It Works

Many people, the majority of which are women, suffer from interstitial cystitis, which is a painful bladder condition. There is no other known treatment for IC, except for Elmiron, which manufacturers first introduced in 1996. The same year, the Food and Drug Administration (FDA) approved the medication for use.

The medication works using an active ingredient called pentosan polysulfate sodium, which builds up the bladder’s mucous layer for increased protection and reduced inflammation. While this ingredient appears to be effective in helping treat IC, it could also be an ingredient leading to vision loss in Elmiron users.

Potential Risks of Elmiron

The Elmiron long-term side effects were unclear for years after the introduction of this medication, but it’s become apparent that they include vision problems and eye damage.

Specifically, Elmiron may cause a type of macular degeneration known as pigmentary maculopathy. In fact, recent studies have found that Elmiron causes retinal damage over time after years of use. The retina is the part of the eye that receives light and allows people to see, with maculopathy affecting it.

Some symptoms of pigmentary maculopathy include:

  • Color vision loss
  • Blurred vision
  • Blind spots
  • Loss of depth perception
  • Difficulty adjusting to dim lighting

If you experience any of these symptoms, it’s best to see a doctor who can diagnose your condition.

Steps to Take for Those Impacted by Elmiron

Want to file an Elmiron lawsuit? There are some key steps to take before you can build a successful case, including:

Get Medical Treatment

The very first step to take if you experience symptoms of a degenerative eye condition like maculopathy is to seek medical attention. Contact your healthcare provider and schedule an appointment with a doctor to assess your condition.

Not only will seeing a medical professional provide you with an early path to treatment, but it will also provide you with medical records that could help prove that Elmiron use led to eye damage and vision problems. Medical records will detail the nature of your condition and help establish a link between it and your medication.

Seek Legal Assistance

In addition to seeking treatment, you should consult an experienced class action lawyer to discuss a lawsuit. These cases can be complex and difficult to navigate, and making any wrong moves throughout your case could compromise it.

The right class action attorney will have years of experience handling these cases and know what to expect during the legal process. While an attorney handles your case and settlement negotiations, you can spend time with your family and focus on recovering from your condition.

Another benefit of hiring an attorney is the ability to determine exactly how much Elmiron compensation you’re eligible to recover. An attorney can identify all damages you sustained and calculate a fair settlement based on these damages. Otherwise, you may not know the true value of your case and accept a settlement that’s far lower than what you deserve.

Avoid Passing the Statute of Limitations

If you wait too long to file a lawsuit, you could run out of options when it comes to seeking compensation. The time limit you have to file is called the statute of limitations, which applies to all civil cases. The statute of limitations indicates how much time you have to file a claim or lawsuit before you’re unable to recover compensation. The statute varies depending on case type and the location of the case.

In Illinois, you have two years to file an injury lawsuit, including a lawsuit against Elmiron’s manufacturers. This limit means you will likely be unable to recover any compensation if you don’t file within two years of discovering your injury or the link to Elmiron.

Among other aspects of your case, an attorney can work with you to ensure you file a lawsuit on time and don’t pass the statute of limitations. The sooner you file, the sooner you can begin seeking total compensation and succeeding with your case.

Compensation for Victims of Elmiron

You may also want to know about Elmiron compensation, asking, “What are the average Elmiron settlement amounts?” Generally, plaintiffs may be able to recover thousands of dollars in compensation from liable parties in these cases, but the amount your case is worth will vary depending on the specific damages involved.

The following are the three main types of damages that could influence settlement amounts in Elmiron lawsuits:

Economic Damages

The main type of damages that Elmiron users recover in these lawsuits are economic. Economic damages account for the financial losses that victims suffer because of Elmiron use. There are multiple types of economic damages that plaintiffs could recover in these cases, such as:

  • Medical costs, including ongoing and future treatment
  • Lost income and earning capacity resulting from vision loss
  • Modifications made to homes or vehicles to accommodate disabilities
  • The cost of domestic services to assist victims

Non-Economic Damages

In addition to economic damages, you may be able to seek compensation for non-economic damages. These damages apply to the individual pain and suffering that victims experience because of their conditions.

For example, you might suffer anxiety or depression due to vision loss, or you may experience loss of consortium due to the inability to maintain relationships with the condition. Victims could also suffer a general loss of enjoyment of life due to their conditions.

Punitive Damages

While these are rare, punitive damages could come into play in Elmiron cases. Only the courts can award these damages if the defendant acted with gross negligence or malicious intent. Unlike economic and non-economic damages meant to compensate victims, the goal of these damages is to punish defendants for egregious behavior. If the manufacturers or distributors of Elmiron acted with gross negligence, courts could award these damages in addition to compensatory damages.

If you’re not sure what kinds of damages you sustained because of long-term Elmiron use, you may work with an attorney to identify and calculate them.

The Extent of Damage From Elmiron and Compensation in Chicago

One of the main factors that will affect the amount of compensation you’re able to recover in an Elmiron lawsuit is the extent of damage sustained from this medication. The more severe your eye damage and vision loss, the more your condition will disrupt your life, which will subsequently warrant more compensation from liable parties.

Many cases have settled for thousands of dollars, but some may be able to recover up to a million dollars in compensation for damages resulting from Elmiron complications.

Keeping Up With the Latest on the Elmiron Lawsuit

In recent years, the number of Elmiron lawsuits has risen to nearly 2,000. As of November, the number remains steady at 1,920 plaintiffs, with most of these having agreed to settlements out of court.

You still have time to file an Elmiron lawsuit. Although lawsuits have come along in the last couple of years, plaintiffs still have the chance to become a part of the MDL against Johnson & Johnson and Janssen Pharmaceuticals. If you believe you or a loved one suffered vision loss and have received a diagnosis of an Elmiron-related condition, you may be able to recover full compensation. 

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.

Years of Experience: More than 30 years
Illinois Registration Status: Active
Bar & Court Admissions: Illinois State Bar Association, U.S. District Court, Northern District of Illinois, U.S. District Court, Central District of Illinois
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