Elmiron Class Action Lawsuit vs. Multidistrict Litigation (MDL) for Individual Injury Claims
With a growing number of lawsuits being pursued nationwide by former users of Elmiron diagnosed with retina damage known as pigmentary maculopathy, a panel of federal judges recently established consolidated pretrial proceedings for the claims, known as a multidistrict litigation (MDL).
While this process is often confused with an Elmiron class action lawsuit, there are important differences and each individual injury claimant still retains their own lawyer to establish that side effects of the medication caused them to experience vision problems.
Although refunds and medical monitoring may be available through a class action claim, to receive proper compensation for serious and potentially permanent vision damage that may have resulted from use this drug, it is important that former users take actions to protect their individual legal rights.
Saiontz & Kirk, P.A. provides free consultations and claim evaluations to help determine if financial compensation may be available for individuals who have experienced symptoms like:
- Blurry Vision
- Difficulty Seeing At Night or In Dim Light
- Dark Spots or Floaters in Vision
- Loss of Detail
- Retina Pigment Changes
All cases are handled on a contingency fee basis, which means there are no out-of-pocket costs associated with hiring our law firm and there are no attorney fees or expenses unless an individual recovery is obtained in your case. Request a free consultation and claim evaluation.
Elmiron MDL vs. Class Action
Elmiron (pentosan polysulfate sodium) has been the only prescription drug for treatment of interstitial cystitis since it was introduced in 1996, and has been widely used by individuals throughout the United States for years since there is no cure for the underlying bladder pain associated with the condition.
In June 2020, updated warnings about the link between vision problems and Elmiron were issued for the first time by the drug makers, adding information to the label about the importance of monitoring for pigmentary changes in the retina or vision injury that may develop following long-term use of the medication. However, growing evidence suggests that the drug makers were aware of this risk for decades, yet withheld the critical safety information from consumers and the medical community.
While a number of Elmiron class action lawsuits have been filed on behalf of all former users, seeking reimbursement for money spent on the drug and “medical monitoring” in the future, former users who have suffered an actual vision injury are pursuing individual product liability lawsuits against the manufacturers.
Unlike a class action, where all cases are tried through a class representative, Elmiron injury claims are pursued individually since each plaintiff may be entitled to different damages based on the circumstances in their case and impact of the vision loss on their life.
With a large number of individual injury claims filed in U.S. District Courts across the country, each raising similar questions of fact and law, the U.S. Judicial Panel on Multidistrict Litigation (JPML) decided late last year to consolidate and centralize the claims before U.S. District Judge Brian R. Martinotti in the District of New Jersey, as part of an Elmiron MDL. However, each claim remains an individual lawsuit.
Such centralized pretrial proceedings are common in complex pharmaceutical litigation where a large number of claims have been presented by individuals nationwide, involving similar injuries caused by the same medication. The court will coordinate discovery into common issues that apply to all claims and may schedule a series of early “bellwether” trials to gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation.
Although the cases are managed in a manner similar to a class action for Elmiron, each claim remains an individual lawsuit where the plaintiff must establish a link between their diagnosis of retina damage and Elmiron, and the amount of compensation they are entitled to receive.
Following coordinated pretrial proceedings in the MDL, if Elmiron settlements or another resolution for the claims is not reached, each individual case may later be remanded back to U.S. District Courts nationwide for separate trial dates before juries nationwide.
Find Out If You Qualify For an Elmiron Class Action or Individual Vision Loss Settlement
By requesting a free consultation and claim evaluation with the Elmiron class action lawyers at Saiontz & Kirk, P.A., our law firm can help review the legal options that are available and financial benefits that may be available, including:
- Coverage for Medical Expenses and Vision Treatments
- Compensation for Pain and Suffering
- Past and Future Lost Wages or Earning Capacity
- Other Damages for Retina Damage Caused by Elmiron
There no fees or expenses unless a settlement or recovery is obtained in your case!