How Long Will It Take To Settle Pradaxa Injury Suits?
Pradaxa (dabigatran) is a relatively new blood thinner, which was just introduced in October 2010. During the short period of time Pradaxa has been on the market, it has been linked to hundreds of reports involving bleeding, hemorrhages and deaths.
A number of people throughout the United States are now pursing a Pradaxa injury lawsuit in an attempt to collect compensation as a result of the drug maker’s failure to adequately warn about the bleeding side effects of Pradaxa. However, the litigation remains in the early stages, with the first trials in the federal Pradaxa MDL not expected to begin until August 2014.
All federal lawsuits have been centralized before U.S. District Judge David R. Herndon in the Southern District of Illinois for pretrial proceedings. Although Judge Herndon is known as a fair judge, who has experiencing moving complex pharmaceutical litigation forward expeditiously, it expected that it will take a few more years before any settlements are reached in the Pradaxa litigation.
Although such consolidation is often confused with a Pradaxa class action suit, each claim does remain an individual claim. Each plaintiff will make their own decision about whether to accept or reject any offers to settle their Pradaxa case, and if a resolution is not reached during pretrial proceedings, each suit will ultimately go before a judge or jury for determination about whether damages are warranted for any injuries caused by the medication.
Similar consolidation of cases may occur in various state court systems where a large number of Pradaxa cases are filed.
Such coordinated management during pretrial proceedings is often beneficial in helping facilitate an agreement to settle complex product liability litigation. However, substantial amount of work must be done in the coming months and years during the discovery phase of the litigation. As part of this process, a small number of cases, known as bellwethers, may be selected by the court for early trial dates to help gauge how juries are likely to respond to evidence that may be introduced throughout the litigation.
As the first trial dates approach, the federal judge presiding over the Pradaxa litigation has ordered Boehringer Ingelheim to meet with plaintiffs lawyers and a mediator at least once a month to discuss possible resolutions for the cases. However, there is no indication at this time that an agreement to pay adequate compensation to settle Pradaxa lawsuits will be reached in the near future.
FACTORS IN NEGOTIATIONS TO SETTLE PRADAXA SUITS
Any negotiations to settle Pradaxa lawsuits will be based on what a jury is likely to award in each individual case, including an assessment of the relative strengths of the suit. If a case proceeds to trial, a jury will take into account he nature of the claimed injury from Pradaxa, the severity of the damage and the economic impact of the injury on each individual plaintiff.
In determining the amount of any damages from Pradaxa, the following are some of the common factors that a jury may consider, and which will be taken into consideration when evaluating a potential Pradaxa settlement offer:
- The extent and duration of the injury from Pradaxa;
- The effect that the Pradaxa injury had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The amount of any past or future medical expenses caused by Pradaxa use;
- Any lost wages or loss of earning capacity;
- In the case of a Pradaxa wrongful death lawsuit, the losses suffered by the surviving family members will also be considered, including the loss of love, affection and companionship.
FIND OUT IF YOU MAY QUALIFY FOR A PRADAXA INJURY SETTLEMENT
Financial compensation may be available through a Pradaxa suit for individuals throughout the United States who have experienced any of the following serious and potentially life-threatening injuries from Pradaxa use:
- Internal Bleeding or Gastrointestinal Bleeding
- Brain Hemorrhage
- Kidney Bleeding
- Heart Attack
To review whether you, a friend or family member may be entitled to a settlement for Pradaxa, call our office toll free at (800) 522-0102 or request a free claim evaluation on-line. All cases are pursued under a contingency fee agreement, which means that there are no fees paid to our Pradaxa attorneys unless secure a settlement or recovery.