QUESTION

How Much May I Receive To Settle My Elmiron Vision Loss Claim?

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ANSWER

The lawyers at Saiontz & Kirk, P.A. are pursuing financial compensation for individuals nationwide who have been left with permanent and debilitating vision problems that resulted from side effects of Elmiron, a prescription medication for treatment of interstitial cystitis or bladder pain syndrome.

As a result of the drug makers’ failure to warn about the risk of permanent retina damage that may result from long-term use of the medication, Elmiron settlements are expected to provide substantial compensation and benefits that will be based on the extent of the injury suffered by each plaintiff, including:

  • Coverage for Medical Expenses and Vision Treatments
  • Compensation for Pain and Suffering
  • Past and Future Lost Wages or Earning Capacity
  • Other Benefits for Retina Damage Caused by Elmiron

While hundreds of lawsuits are being pursued by individuals who have experienced similar injuries, the amount that each individual may receive to settle their Elmiron vision loss claim will depend on the individual circumstances in their case. To help determine if you or a loved one may be eligible for a settlement, request a free consultation and claim evaluation.

Status of Elmiron Vision Loss Claims

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Saiontz & Kirk, PA, Attorneys & Lawyers, Baltimore, MD

The Elmiron litigation emerged after the drug makers were forced to provide updated warnings about the risk of retina pigmentary changes in June 2020, indicating for the first time that users should be closely monitored during treatment and report any symptoms of vision problems, which may include:

  • Progressive vision loss or deterioration of the eyes;
  • Blurry vision or distorted vision;
  • Difficulty reading;
  • Prolonged dark adaption or problems seeing at night;
  • Loss of detailed vision;
  • Darkening vision

Although there is mounting evidence that suggests the drug makers knew or should have known about the Elmiron vision risks for years before these warnings were provided, Johnson & Johnson and its Janssen Pharmaceuticals subsidiary have indicated they intend to defend the cases and have refused to negotiate fair and reasonable Elmiron settlements for former users left with pigmentary maculopathy or other vision problems.

In December 2020, consolidated pretrial proceedings were established in the federal court system, where all claims are centralized before one judge in the District of New Jersey for coordinated discovery and a series of early bellwether trials. While the process is similar to an Elmiron class action lawsuit, each claim for users left with vision injuries have an individual case that may ultimately go before separate juries if settlements are not reached.

As of early 2021, the litigation remains in the earliest stages. However, it is expected that a series of “bellwether” Elmiron trials will be scheduled to help gauge how juries respond to certain evidence and testimony that will be repeated throughout the litigation. While the outcome of these early test trials will not be binding on other plaintiffs, they are likely to have a substantial impact on negotiations to settle Elmiron vision loss claims.

Factors Considered in Elmiron Settlement Negotiations

Ultimately, the amount of compensation each individual plaintiff is entitled to receive will be determined by a jury or negotiated based on circumstances in the case, and what a jury is likely to award. This will take into account the strength of the evidence linking Elmiron to the individual plaintiff’s vision problems, as well as the impact of the vision side effects on their life.

In determining the amount of any damages a plaintiff is entitled to receive for settling their pigmentary maculopathy case, the following are some of the common factors that a jury may consider, and which will be taken into consideration during negotiations:

  • The extent and duration of the retinal injuries from Elmiron;
  • The effect that Elmiron maculopathy had on the overall physical and mental health or well-being of the patient;
  • The pain and mental anguish suffered in the past and which will likely be suffered in the future as a result of Elmiron vision loss;
  • The amount of any past use or future medical expenses caused by Elmiron use;
  • Any lost wages or loss of earning capacity;

Find Out If You or a Loved One Qualify for an Elmiron Settlement

The personal injury lawyers at Saiontz & Kirk, P.A. provide free consultations and case evaluations to help individuals review the legal options that are available. After contacting our office toll free at 1-800-522-0102 or requesting a free case review on-line, the facts and circumstances surrounding your potential Elmiron case will be reviewed and evaluated by our lawyers.

If it is determined that you or a loved one may be eligible for financial compensation or a settlement, it is your decision whether to hire our law firm. All lawsuits are handled by our Elmiron attorneys under a contingency fee agreement, which means that there are never any fees or expenses paid unless we are successful in obtaining a settlement or other recovery in your case.

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Austin Kirk

Last Updated February 16, 2021
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