How Much Are Elmiron Settlements?
Litigation over vision loss claims linked to Elmiron use is in its early stages, so no settlements have been reached, and it is unclear how much Elmiron settlements are worth. If you take Elmiron and are experiencing vision problems, you may be entitled to financial compensation.
Some observers say long-term Elmiron use can damage users’ retinas and cause other eye problems. Certain studies indicate that using Elmiron regularly can lead to impaired vision or even blindness. You can explore your legal options with a Elmiron Mass Tort lawyer in our network who can help you pursue legal action against the drug’s maker to recover an Elmiron lawsuit payout.
Why Is the Elmiron Lawsuit Underway?
Plaintiffs who are suing Janssen Pharmaceuticals, the maker of Elmiron, say the company knew about the medication’s dangers yet continued to manufacture it. They also allege the company failed to warn doctors and patients about the drug’s risks and did not update the drug’s safety warning.
People who have internal cystitis (IC) are sometimes prescribed Elmiron to help relieve this condition. The drug creates a protective mucus coating in the bladder wall that is supposed to prevent bladder irritation. It eases some of the discomforts that people with this condition have. Despite the drug’s benefits, some allege that Elmiron causes eye damage when used extensively over time.
How Long Will an Elmiron Settlement Take?
At the time of this writing, global settlements are on the table. It may be challenging to predict how litigation will proceed until individual cases have been tried in court. Currently, the first trial in Elmiron litigation is scheduled for a January 2023 start date. The continuing threat of COVID-19 could delay the trial date, so this is something to keep in mind.
Also, defective drug cases are more complex. Because there is a lot of medical data to wade through, cases like this often take much longer than other product liability cases. The January 2023 trial is what is known as a “bellwether trial.” These trials often set the stage for what comes next.
How Much Compensation Can You Expect to Get for an Elmiron Lawsuit?
As of this writing, all current Elmiron cases have been grouped into multidistrict litigation (MDL). The courts will sometimes combine all cases into an MDL to streamline the legal process. While an MDL combines all the cases, not every victim would get the same amount of compensation if a global settlement is reached.
Your Elmiron lawsuit payout amount would depend on several factors unique to your case. Some of these may include:
- How much Elmiron harmed your vision
- How Elmiron damage affects your physical and mental health
- How much pain and suffering Elmiron has caused you
- How much pain and suffering you can reasonably expect in the future because of Elmiron damage
- Your medical bills for treatment due to Elmiron complications
- Future medical bills related to Elmiron damage
- Your lost earnings after being out of work because of Elmiron
- Loss of future earnings if you cannot return to work because of Elmiron damage
Remember that Elmiron litigation is still early and ongoing. Generally, in product liability cases, the higher the amount of damage to the victim, the higher the amount of financial compensation they receive.
How Can I Pay My Medical Bills in The Meantime?
It’s no secret many Americans struggle to pay their medical bills. Healthcare expenses are one of the leading causes of bankruptcy in the United States, according to the American Public Health Association. Compounding these difficulties is the confusing nature of healthcare fees. Many people don’t understand what they are being charged for and may not realize when they are being overcharged.
If you feel you are being overcharged for your medical expenses or need to find a way to pay for treatment while you wait to see if your Elmiron case is successful, there are ways to make your medical bills more manageable. Below are four strategies you can use to stretch your finances for the ever-growing cost of healthcare in our country.
Get an Itemized Bill
Many patients do not know what they are being billed for. Start by asking your medical provider for an itemized bill for services. As you review these items, you may spot errors that can be corrected in your favor.
While getting the itemized bill will not lower your bill by itself, you may find you are being billed for services or tests you never received.
Make Sure Your Charges Are Accurate
With growing complex insurance requirements, medical bills are bound to have errors. When you receive your bills, review your benefits forms. Make sure you owe the amounts listed under your current insurance plan.
You can also check to see that you are being billed only for charges your insurance policy does not cover. When you check your policy’s coverage specifics and find you are being billed for charges your insurance should have paid, call your provider for answers.
If, after checking with your explanation of benefits for your insurance carrier, you see discrepancies in your bill, call the doctor’s office or hospital’s billing department. Ask the staff to explain any unfamiliar medical codes or changes you did not authorize. Ask the billing department to help you understand your bill in detail. Request an adjusted bill when you spot mistakes.
Request a Discount for Paying the Balance in Full
If you do owe the full amount on your bill, call the medical billing office. Ask them for a discount for paying the full amount in one payment. If your finances do not allow that, ask for a discount if you pay the entire bill in 30 or 60 days.
If you did not have insurance when you had medical procedures, you likely were billed at higher rates. Offering to pay the entire fee up front can be an easy and quick way to shave precious dollars off the bill. You may also consider contacting the hospital or doctor’s office before you receive services. Let the billing department know you are worried about your ability to pay. Ask for a discount. Many patients are surprised by how often asking for a discount works in securing a lower fee.
Finally, consult the Healthcare Blue Book. This online resource lists the average costs for medical procedures, doctors, and hospitals across the country. Having this data handy can help you negotiate a more favorable bill if you live in a higher-than-average area for medical expenses.
Request a Payment Plan
If you have combed over your bill only to find it is accurate and cannot get a discount, ask the billing department for a payment plan. Many healthcare professionals offer no-interest payment plans to help those struggling with healthcare’s rising costs. A payment plan can let you pay the bill over an extended period without adding interest.
The medical provider’s billing department may help you calculate the monthly payment that works best for you, and you may also get a discount if you make a 10% to 30% upfront payment when you start your repayment plan.
How Much Have Other People Gotten in Pharmaceutical Lawsuits?
The pharmaceutical industry has seen significant verdicts in United States legal channels. But filing a lawsuit should never be seen as a way to get rich quickly. The legal process can last for years, with significant time, money, and effort needed to sustain the legal challenges necessary to persuade a jury that you were the victim of negligence.
Filing a lawsuit can be viewed as a way to bring those who have wronged consumers to justice. It should also be viewed as a way to receive financial compensation for your pain and suffering and financial losses stemming from the company’s negligence. When a company that releases a defective drug withholds valuable information from doctors, your medical providers cannot give you the best care because they don’t have accurate information.
Considering all of this, Pharmaceutical Technology comprised a list of the 10 largest pharmaceutical lawsuits, which are:
10. Amgen – $762 million
9. Bayer and Johnson & Johnson – $775 million
8. TAP Pharmaceutical – $875 million
7. Merck – $950 million
6. Eli Lilly and Company – $1.4 billion
5. Abbott Laboratories – $1.5 billion
4. Johnson & Johnson – $2.2 billion
3. Pfizer – $2.3 billion
2. Takeda Pharmaceutical – $2.4 billion
1. GlaxoSmithKline – $3 billion
When looking at the above list, consider these examples as exceptions to the rule.
Has There Been an Elmiron Lawsuit Settlement Yet?
As of this writing, there have not been any settlements in Elmiron litigation. Because the first case is not scheduled until January 2023, it is unlikely there will be any settlement discussions between the two sides until 2023 at the earliest. Potential settlement talks may depend on the results of the first bellwether trials.
Some experts estimate Elmiron litigation could include 1,000 or more cases. Because Elmiron cases have been combined into one MDL, the legal teams representing these victims can combine their resources to streamline the legal process. Legal fees, scientific data, and other costs can be combined to reduce costs.
Choosing an Elmiron Lawyer
If you are considering filing legal action to recover an Elmiron lawsuit payout, you may be unsure about who you should hire to represent you. When evaluating possible attorneys, below are some criteria to narrow down your choice. Ask yourself:
- Does your lawyer offer a free case evaluation? Your mass tort lawsuit attorney should help you determine the value of your case before moving forward with any legal fees.
- What is your attorney’s track record in product liability litigation? The law firm you choose should have a solid track record of securing financial compensation for past clients involved in product liability cases.
- Does your law firm have experience? Successful product liability litigation is very complex. Negotiating settlements with these mammoth corporations or facing them in court requires skill and experience.
- Does your attorney cover the entire country? Statutes and various details vary from state to state. Product liability litigation often draws cases from every area of the United States. If you choose legal representation, you need a law firm experienced in dealing with cases nationwide.
How Past Defective Drug Cases Have Faired
Many times, a drug manufacturing company facing significant pressure from many lawsuits will go to trial for several individual cases. The drug company’s representatives will use these cases to gauge how to proceed. If the company prevails in some or all these initial cases, it may feel it can forge ahead and never approach the topic of a global settlement. If it wins some cases but loses others, it may also continue to try more cases.
If the company loses all or most of these cases, it may decide to enter global settlements talks. By agreeing to a settlement, the company avoids additional courtroom defeats, further harm to the company’s reputation, and a lower compensation amount for each individual plaintiff.
Elmiron Users Can Pursue Their Legal Options
Elmiron litigation is still too early to gauge what Janssen Pharmaceuticals will do. One reason bellwether trials are so important in defective drug litigation is it gives both sides insight as to how juries react and respond to certain witnesses or evidence. Both sides may then adjust their approach and strategize for future trials or enter settlement talks.
Despite Elmiron litigation still being in its infancy, if you feel Elmiron manufacturers’ negligence caused the eye problems you experienced after using the drug, you have a right to pursue your legal options. A product liability lawyer in our network can assess your case and help you plan the best course of action.
Statute of Limitations in an Elmiron Case
In product liability cases, victims have deadlines they must meet to qualify for potential settlement packages. These deadlines are the statute of limitations. This means you must file a claim before your deadline to protect your right to sue for damages.
The statute of limitations deadline varies across states. A product liability attorney or law firm can inform you of your state’s deadlines in cases like Elmiron and how much time you have left to pursue your case. If you miss the deadline, you likely will lose your right to take legal action, so the sooner you act, the better.
Get Legal Help with Your Elmiron Case Today
Attorneys help personal injury victims like you seek justice. Every person who has used a defective product should be able to pursue financial compensation from those causing consumers financial hardship and pain and suffering due to their carelessness or disregard for the people using their products.
To find out what your legal options are, fill out our contact form today for more information.