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  • RoundUp Lawsuit: Everything You Need To Know

    RoundUp Lawsuit: Everything You Need To Know

    In 2016, groundskeeper Dewayne Johnson filed a lawsuit against the makers of Roundup, alleging that because of prolonged exposure, he developed non-Hodgkin’s lymphoma. The final verdict awarded Johnson $289 million. 

    For years, both Monsanto and Bayer have known that Roundup contains a chemical called glyphosate, a “probable carcinogen,” according to the International Agency for Research on Cancer. Right now, thousands of cases are unfolding against Monsanto and Bayer, saying that because they allowed a dangerous product to reach consumers, they should pay for claimants’ losses. 

    If you or a loved one developed a health condition after using glyphosate based herbicides like Roundup, you could join a mass tort to seek compensation. Going up a billion-dollar company is no easy feat, however. For that reason, you may consider partnering with our network of mass tort lawsuit lawyers for your Roundup lawsuit. 

    Did Monsanto know about Roundup’s harmful effects? 

    During Dewayne Lee Johnson’s court case, a document known as the “Monsanto Papers” came to light. It revealed that Monsanto did know that Roundup was harmful, and they went to great lengths to conceal this fact from the public. 

    This involved hiring third-party “ghostwriters” and hiding information behind the curtain of “proprietary trade information.” 

    What is Roundup? 

    Roundup was created in the 1970s with one purpose: to control unwanted plant and weed growth using a chemical called glyphosate. The product was a huge success, selling over 9.4 million tons since its conception. 

    There’s only one problem: glyphosate can cause cancer. Monsanto, the creator of the product, did not warn consumers about this risk. Nor did Bayer, which acquired the product in 2018. 

    How can Roundup cause cancer? 

    Let’s back up for a minute and talk about non-Hodgkin’s lymphoma. This cancer occurs when the body produces an abnormal amount of white blood cells. When exposed to glyphosate, either through direct contact, inhalation, or consumption, the chemicals in this substance can disrupt the body’s normal function. 

    The Environmental Protection Agency (EPA) notes that glyphosate is everywhere, including in our food, water supply, and commercial areas. With prolonged exposure, however, this chemical causes serious health effects. 

    Mutation Research/Reviews in Mutation Research notes that glyphosate can increase the cancer risk by nearly 41 percent.  

    Can Roundup cause other health conditions? 

    Cancer is among the biggest concerns when it comes to Roundup exposure. However, exposure can also cause these conditions: 

    • Alzheimer’s disease 
    • Early-onset dementia 
    • Attention-deficit hyperactivity disorder (ADHD) 
    • Autism 
    • Fatty liver disease 
    • Internal organ damage, particularly to the kidneys and liver 
    • Hormonal problems 
    • Skin irritation, scarring, and discoloration 

    If you’re not sure whether you developed an adverse health condition because of Roundup, talk to your healthcare provider. 

    What is non-Hodgkin’s lymphoma? 

    Mayo Clinic reports that non-Hodgkin’s lymphoma starts with the immune system. When your body starts producing an abnormal amount of white blood cells, tumors can form. Depending on the location of these tumors, this type of cancer can be fatal. 

    The American Cancer Society notes that 72 percent of patients can make a full recovery within five years with treatment. However, even with a full recovery, a patient can suffer from lifelong health effects. The remaining 28 percent lose their lives. 

    Non-Hodgkin’s lymphoma includes multiple “subtypes”

    The Leukemia & Lymphoma Society places Non-Hodgkin’s lymphoma into different categories, depending on the progression of the disease and what cells are affected. Non-Hodgkin’s lymphoma can affect T-cells, B-cells, and NK cells. The condition is either indolent, meaning that the cancer progresses slowly, or aggressive, meaning that it progresses quickly. 

    Some examples of Non-Hodgkin’s lymphoma include: 

    • Follicular lymphoma
    • Mantle cell lymphoma
    • Diffuse large B-cell lymphoma 
    • Primary central nervous system lymphoma 
    • Nodal marginal zone lymphoma
    • Lymphoblastic lymphoma

    What are the symptoms of non-Hodgkin’s lymphoma? 

    Symptoms of this life-threatening cancer include: 

    • Swollen lymph nodes, groin, armpits, or joints 
    • Trouble breathing 
    • Chest pain 
    • Chronic fatigue 
    • Night sweats
    • Trouble sleeping 
    • Weakness 
    • Coughing 
    • Abdominal pain 

    Medical professionals diagnose this condition through imaging scans, blood tests, and physical examinations. The sooner they detect this illness, the sooner they can administer treatment. You may have developed other forms of cancer like Hodgkin’s lymphoma. 

    Who was exposed to Roundup? 

    Roundup is available for personal and commercial use. Nasdaq reports that in 2015, Monsanto made over 30 percent of its profits from Roundup. This information asserts that Roundup reached a wide range of consumers. 

    The following parties may have suffered Roundup exposure: 

    • Landscape architects 
    • Botanists 
    • Gardeners 
    • Landscapers 
    • Groundskeepers 
    • Agricultural workers and farmers
    • Scientists 
    • Nursery employees 

    You don’t have to fit into these categories to have a viable class action or mass tort lawsuit. 

    Who can file a Roundup lawsuit? 

    Many believe that Roundup causes cancer. The World Health Organization has also classified it as a carcinogen. You could be concerned because you or a family member used the product. The following parties can file lawsuits against the makers of Roundup: 

    • Individuals. If you developed non-Hodgkin’s lymphoma or another ailment after Roundup exposure, you could file a lawsuit. While many claimants have filed individual lawsuits against Bayer and Monsanto, some partake in mass torts, which allow multiple claimants to file a unified case against an entity. 
    • Beneficiaries. If you lost a loved one to cancer due to Roundup exposure, you could file a lawsuit on behalf of a late loved one. Your eligibility largely depends on where you live; not all family members have the inherent ability to file wrongful death lawsuits. 
    • Estate representatives. If you’re a decedent’s personal representative, you can file a lawsuit on behalf of their loved ones. Again, this depends on where you live, and personal representatives aren’t necessarily family members. 

    What goes into filing a Roundup lawsuit? 

    Filing a lawsuit is not easy––even if it’s against a small company. When going up against an international, multi-billion-dollar company like Bayer AG, you might consider working with our lawyers. Your lawyer can determine whether your case should be filed individually or as part of a mass tort. 

    You need evidence to prove your case 

    Your case must prove one thing: you suffered adverse side effects because you used or were exposed to Roundup. The judge and jury won’t take your word for it, though; you must present evidence that substantiates your claim. 

    Supporting evidence in your case may include: 

    • Your medical records. These documents show your diagnosis, prognosis, and required treatments. 
    • Testimony from your doctor. In addition to your medical records, we can use a written statement from your doctor attesting to certain aspects of your condition, including its probable cause and severity. The symptoms you develop because of your exposure to Roundup (and the glyphosate in it) are incredibly important as well. 
    • Proof of purchase statements. You must prove that you used Roundup to have a Roundup lawsuit. To prove that you used Roundup, you could use receipts, pictures of the container, or information from your employer. This will also give your legal team an estimate of when you were exposed. 
    • Proof of your expenses. Your medical bills, employment records, and personal testimony can help your lawyer calculate the cost of your injury-related damages. 

    Your lawyer may utilize other forms of evidence than those listed here. They will likely encourage you to keep all documentation about your case until its conclusion. 

    You must file your personal injury lawsuit within a specific time frame 

    Every civil case comes with a firm deadline. This deadline is known as the “statute of limitations.” Your case’s deadline depends on a variety of things, including: 

    • Where you live. Each state has its own filing deadline for civil suits. Some states, like Tennessee, give you a year to file your case. Other states, like Maine, grant you six years to file. 
    • When you discovered your condition. Some states have something called the “discovery rule.” For instance, suppose you used Roundup in March 2019 but were not diagnosed with cancer until March 2020. Because you could not have known about your condition until receiving a diagnosis, you could have from the date you discovered your ailment to file. 
    • Whether you lost a loved one. Some states have different filing deadlines for different types of cases. So, if a state sets its product liability deadline at three years and its wrongful death deadline at two years, the latter could apply to your case. 
    • Your age. If you were exposed to Roundup as a minor and developed cancer, your filing deadline generally begins when you turn 18. This varies per state. 

    You must file your case to the appropriate court 

    Filing a lawsuit against Bayer isn’t the same as going to your local courthouse and pursuing legal action there. You must overcome many hurdles to ensure your case is filed on time, accurately, and completely. 

    Your lawyer can examine your case and file under state and federal laws. 

    Do all Roundup claimants have to file lawsuits? 

    Right now, over 28,000 claimants have filed or joined in lawsuits against Bayer and Monsanto. A good portion of these cases are either pending or have resulted in multi-million-dollar court awards.  

    Filing a lawsuit may seem intimidating, but it could be your only avenue of seeking damages. In the future, as more people come forward, Bayer may resolve these cases through settlements. This would not involve going to court but rather, filing claims. 

    Has anyone won a lawsuit against Roundup? 

    Reuters reports that as of May 2021, there are 30,000 active claims against Roundup. These individuals claim that they developed cancer and deserve compensation because Bayer allowed a dangerous product to reach the market.  

    In June 2021, Bayer resolved to spend $9.6 billion to settle 125,000 claims and lawsuits. This monetary amount and the number of claimants may increase over time. 

    Some successful lawsuits against Roundup resulted in: 

    • $2 billion for a couple that used Roundup for over 30 years 
    • A $289 million verdict for a groundskeeper who developed terminal cancer
    • $80 million verdict for a man who used Roundup for 20 years 

    What’s the difference between an individual lawsuit and mass tort litigation? 

    The main difference between an individual lawsuit and a mass tort is the amount of people involved. When one person has been harmed, they may file their own lawsuit and seek damages. When multiple people suffer harm from one act, they can “join forces” and file a mass tort. 

    What is the benefit of mass tort litigation? 

    The short answer is cost. 

    The long answer is that massive corporations have many resources to refute plaintiffs’ claims. These entities have access to field experts, scientific testing, and certain documents that the average person would not. The cost of hiring just one expert could put you in dire financial straits. 

    With a mass tort: 

    • You share resources with other injured claimants and their legal teams. 
    • Some mass torts allow more leniency than individual lawsuits. For instance, you could file alongside other claimants in different states.
    • There’s strength in numbers. It’s harder for a corporation to deny thousands of similar claims than one single claim. 

    What’s better for me: an individual lawsuit or a mass tort? 

    We can’t answer this question without better understanding your situation. When you partner with a lawyer from our network, they will assess your case and determine a course of legal action. Whether to file an individual lawsuit or mass tort may depend on: 

    • Your age 
    • The severity of your condition 
    • The evidence that supports your case
    • The cost of your damages 
    • Whether you lost a loved one 
    • The circumstances of your exposure 

    You could recover these types of damages from a successful Roundup lawsuit 

    Compensation should account for the full scope of your injury-related losses. The damages you seek might be different from someone else’s, even if they have a similar condition. You could recover: 

    Economic damages (or financial losses) 

    Economic damages in your case may include: 

    • Medical bills, including chemotherapy, imaging scans, hospitalization, blood tests, and doctor’s appointments 
    • Lost income, tips, bonuses, commissions, freelance contracts, performances, and employee benefits, such as paid time off (PTO) 
    • Reduced future earning capacity, if your condition prevented you from making your regular income 
    • Assistive medical devices, including oxygen tanks, respirators, and wheelchairs 
    • Funeral expenses, including burial, cremation, and the urn/burial plot 

    Non-economic damages (or non-financial losses) 

    Non-economic damages do not refer to your monetary losses. Instead, it pays for the emotional and physical hardship of developing cancer. Some examples include: 

    • Pain and suffering 
    • Disability 
    • Loss of enjoyment of life 
    • Disfigurement and scarring (if your condition affects your appearance) 
    • Loss of consortium, parental guidance, and household benefits 

    What are punitive damages? 

    Based on legal precedent, it appears as though Roundup lawsuits are yielding something known as “punitive damages.” These damages don’t compensate injured claimants. Rather, they punish the defendant for their egregious conduct. 

    In one of the cases mentioned above, a groundskeeper secured a $289 million verdict. Of those damages, $250 million was set aside as punitive damages. Judge Suzanne Ramos Bolanos, who oversaw the proceedings, told USA Today that Monsanto: “acted with malice, oppression or fraud and should be punished for its conduct.” 

    How much money can I get from a Bayer or Monsanto Roundup lawsuit? 

    The value of your damages rests on many aspects of your situation, including: 

    • Your ability to work 
    • How your condition affected (or affects) your life 
    • The value of your medical bills, lost income, and other financial losses 
    • How long you used Roundup and the degree of your exposure 
    • Your age 
    • If and when you will recover 

    Your lawyer will fight for the full cost of your past, present, and future losses. However, they will need to review your situation to estimate the value of your case. 

    If I win my case, how will I get paid? 

    The intimate details surrounding claimants’ payouts are confidential. However, for most civil cases, compensation is paid out in one of two ways: 

    • A lump sum. When your case ends, the liable party might pay for your losses all at once. Your attorney will likely draw their fees from this award as payment for their help, so you pay nothing out of pocket. 
    • A structured settlement. Instead of paying you all at once, you might receive scheduled payments until you’ve received the full sum. 

    Your lawyer can explain in more detail how compensation is distributed in your case. 

    Commonly asked questions about Roundup lawsuits 

    You could spend all day reading about Roundup weed killer lawsuits in the United States and around the world. Every day, the press releases new information about Bayer, Monsanto, and the current civil proceedings. We’ve compiled six of the most commonly asked questions regarding these cases: 

    How long will my case take? 

    We’re not sure how long your individual case will take, but consider the following: 

    • Dewayne Lee Johnson, the groundskeeper who secured a multi-million-dollar verdict, filed his lawsuit in 2016 against Monsanto, which owned Roundup at the time of his cancer diagnosis. 
    • His case was “fast-tracked” because doctors said it was unlikely he would live past 2020, per Reuters. 
    • His case was resolved in 2018. He passed away two years later, in January 2020. 

    The progression of your case depends on various aspects of your situation. 

    How long did my Roundup exposure need to last? 

    Scientists are still unsure about this. The National Pesticide Information Center (NPIC) conducted a study about glyphosate in 2011. It tested the urine samples of family farmers who used Roundup in both South Carolina and Minnesota. 

    The workers’ urine samples tested for elevated levels of glyphosate. While this implies that prolonged use could result in adverse health effects, there’s little information available about short-term exposure.  

    What should I do if Roundup caused my health condition? 

    Even though Roundup was not recalled, for your health and safety, we encourage you to stop using it. Take pictures of the bottle, bar code, and label, as this can prove you used the product. 

    You should also: 

    • Visit a healthcare provider. During your visit, get copies of your imaging scans, treatment details, and medication names. 
    • Document your losses. Your lawyer needs evidence to calculate your losses. Keep your medical bills, receipts, and invoices in a safe place. Additionally, keep a journal regarding your mental and physical health. This information can prove the value of your pain and suffering. 
    • Follow your doctor’s treatment plan. Roundup’s lawyers will look for any reason to dispute your case. If you fail to follow through with treatment, they could argue that you caused your condition, and their product is not responsible. Check with your doctor first before discontinuing any medications or treatment regimens. 
    • Limit what you say online. Do not share the details of your case online. Roundup’s lawyers could access these posts and use them against you. You should also avoid accepting friend requests from strangers, posting on online forums, and privately messaging other litigants. 

    Do I have to work with a lawyer on my Roundup lawsuit? 

    You can represent yourself “pro se,” meaning that you serve as your own lawyer. Yet, the American Bar Association (ABA) notes that doing so could put you at a disadvantage. That’s because even with thorough research, the average person is no match for corporate lawyers. 

    Before deciding to represent yourself, ask yourself these questions: 

    • Do you understand product liability law? 
    • Can you prove that, without a doubt, Roundup caused your condition? 
    • Do you know the actual cost of your past, present, and future damages? 
    • Do you know how to join a mass tort or file a lawsuit on your own? 

    If you answered “no” to these questions, partnering with a lawyer could serve your legal interests. 

    How can a Roundup lawsuit lawyer help me and my family? 

    From filing your case’s initial paperwork to completing a trial, our network of roundup lawsuit lawyers can handle everything involved with your Roundup lawsuit. Specific services may involve: 

    • Gathering evidence to prove your case 
    • Consulting with chemists about glyphosate’s dangers 
    • Getting statements from your healthcare team about your condition 
    • Estimating the cost of your damages, including pain and suffering 
    • Negotiating a settlement (if possible) 
    • Determining whether an individual lawsuit or mass tort suits your situation 
    • Managing your case’s filing and paperwork 
    • Representing you in any courtroom proceedings 
    • Communicating with all involved parties, including the defendant’s legal team 
    • Keeping you updated on your case’s progression

    How much does it cost to hire a lawyer? 

    Many lawyers who handle Roundup cancer lawsuits work on a contingency-fee basis. Instead of you paying hourly rates, retainers, and upfront fees, a percentage of your settlement pays for your lawyer’s services. 

    At the beginning of your case, you and your attorney will work out an agreement that benefits both of you. If they cannot win your case, you do not pay their attorney’s fees.  

    The Sentinel Group can help with your Roundup case today 

    The Sentinel Group is not a law firm. We’re a lawyer referral service. We have dozens of qualified, Bar-certified lawyers in our directory. When you give us a call, you can talk to one of our representatives about your case. Then, we’ll connect you with a law firm that has your goals in mind. 

    Your first case review is free and performed at no obligation. 

    What our clients have to say about us 

    Take a look at some of our client testimonials: 

    “We can wholeheartedly recommend The Sentinel Group® to other law firms because, in the work they have done for us, it is clear they have the knowledge and experience that is needed to get the job done. When it comes to producing cases, the results are just what Sentinel Group says they will be.” ––Robert B. 

    “It is without hesitation that I recommend The Sentinel Group®. They know their business when it comes to generating cases that pay. Unlike others I have worked with before, The Sentinel Group® is responsive and they communicate with you every step of the way. They are the advertising lawyer’s best friend.” ––Vic F. 

    Resources for Roundup exposure claimants 

    Right now, you’re likely struggling with stress, uncertainty, and the strain of being sick. While you consider legal aid, here are some resources that could benefit you: 

    • The American Cancer Society provides online resources for those suffering from a cancer diagnosis. By allowing the website to access your location, you can discover resources in your area. The organization also has a hotline where you can chat with a live representative for support. Dial 1-800-227-2345. 
    • Carey Gilliam wrote a book called “The Monsanto Papers: Deadly Secrets, Corporate Corruption, and One Man’s Search for Justice.” The 322-page book describes how Monsanto concealed information from the public, and other details regarding Dewayne Lee Johnson’s case against the corporation. 
    • The Center for Research on Globalization released an article back in 2015 about how Monsanto knew about glyphosate’s risks as early as 1983. Here, you can learn more about the corporation and how it allowed a dangerous product to reach the public.
    • Facing a life-threatening diagnosis can strain your mental health. The Substance Abuse and Mental Health Services Administration (SAMHSA) provides a 24-hour, seven days a week hotline where you can share your concerns with a trained representative. Dial 1-800-662-4357. Services are offered in both English and Spanish. 

    Connect with The Sentinel Group today 

    The lawsuits against Roundup are still evolving. If you or a loved one developed a health condition after being exposed to Roundup, you might qualify for compensation. To connect with a law firm in our network, dial 1-800-874-8678. Our mass tort lawsuit attorneys are ready to help with any future cases of illness connected to Roundup use.

    Related Links

    Roundup Lawsuit Payout: What You Need to Know?
    How Much Can You Get from Roundup Lawsuits?
    Roundup Lawsuit Settlement Update
    How Can You Prove You Used Roundup?
    Mother Files Lawsuit Claiming Child’s Cancer Due to Roundup Weedkiller
    Roundup Lawsuit Update 2021
    Monsanto RoundUp Lawsuit
    Roundup Settlement
    What Is the Average Payout for a Roundup Lawsuit?
    How Do I Get a Lawyer for My Roundup Lawsuit?
    What’s Happening with Monsanto Roundup Lawsuit?
    Supreme Court Rejects Bayer’s Appeal of Roundup Victims’ Award

  • Elmiron Lawsuit: Everything You Need To Know

    Elmiron Lawsuit: Everything You Need To Know

    Lawsuit about a bladder medication named Elmiron

    What is the Lawsuit Against Elmiron?

    If you or a loved one took Elmiron, a bladder medication, and was diagnosed with vision damage as a result, you may be able to take legal action to recover compensation for your eye injury. If you are awarded monetary damages, you could cover your medical bills and other losses you suffered.

    A consultation with a Elmiron lawsuit lawyer can determine if you are eligible to file an Elmiron lawsuit against the drugmaker. You can also review your legal options with an attorney who can explain your rights and represent you while fighting for your financial recovery. If you are interested in filing an Elmiron eye disease lawsuit, please fill out our contact form for help with your case.

    Elmiron lawsuits allege bladder medication caused eye disorders

    Elmiron (pentosan polysulfate sodium or PPS) is a prescription medication used to treat bladder pain and discomfort. The discomfort stems from the inflammation or irritation of the bladder, a condition known as interstitial cystitis (IC). In recent years, Elmiron has been linked to causing eye damage in longtime users. In addition, it has been alleged that the medication can cause serious retinal disorders and permanent vision loss.

    As a result, plaintiffs have filed product liability lawsuits against Janssen Pharmaceuticals, the manufacturer of Elmiron. Janssen is a subsidiary of Johnson & Johnson. Plaintiffs allege that the drugmaker made a defective medication.

    They also allege the drugmaker misrepresented the drug’s safety and failed to warn the public about its side effects, particularly those affecting vision. The medication’s label did not include warnings about possible eye damage linked to long-term use of Elmiron until June 2020.

    Elmiron is the only FDA-approved drug to treat interstitial cystitis (IC)

    Millions of people in the U.S. have interstitial cystitis and have been prescribed Elmiron to treat the condition. It is the only drug the U.S. Food and Drug Administration (FDA) has approved to treat IC; the medication was approved in 1996.

    No warnings were available when the drug was approved and put on the market. There is no generic or over-the-counter version of this drug. If you do encounter a generic version of Elmiron, it is an illegal drug and could be counterfeit and unsafe for use, per Drugs.com.

    IC is estimated to affect millions in the U.S. daily

    Per the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), IC is a common condition affecting up to 8 million women and up to 4 million men in the U.S. It is also known as “painful bladder syndrome” and is marked by various symptoms, such as:

    • Mild or chronic pain, pressure, or discomfort in the pelvic, bladder, or abdominal area
    • Intense pain in the bladder
    • Sudden urges to urinate
    • Frequent urination
    • Burning sensation or pain when urinating
    • Awaking during the night to urinate

    Interstitial cystitis is often mistaken for a urinary tract infection since both conditions share symptoms. Symptoms vary by person, but there is no cure for this chronic condition. Elmiron only treats the symptoms of IC.

    Per Drugs.com, the recommended dosage of Elmiron is 300 mg a day. It can be taken as one 100 mg capsule by mouth three times a day. Patients can take the medication for at least three months before being reassessed. If cleared, they can take it for three additional months. This means patients may not see improved health until at least six months of treatment.

    How does Elmiron work?

    According to Janssen Pharmaceuticals’ Elmiron website, how the medication works after it is in the body is not fully understood. The pain linked to interstitial cystitis stems from a damaged bladder wall lining.

    As Janssen explains, the medication attaches to the mucosal lining of the bladder wall to stop urine solutes from reaching it. The drug’s main ingredient, pentosan polysulfate sodium (PPS), is thought to be responsible for this. It acts as the buffer that controls cell permeability and keeps those irritating urine solutes from affecting the cells coated with it, according to PubChem.

    Elmiron must be taken regularly for IC pain relief

    PPS use is advised for adults and children who are at least 16 years old. The medication must be taken continuously for relief. It is taken regularly because it isn’t a pain medication, such as acetaminophen or aspirin. However, it should be taken exactly as a doctor prescribes. It should not be taken in larger or smaller amounts than recommended, and it should not be taken for longer periods than advised.

    Patients are also urged to be careful with its use. It is a weak anticoagulant (blood thinner) and can increase bleeding. Anyone who experiences bleeding as a result of this medication is advised to receive immediate medical care.

    Elmiron exposure led to eye disorders, studies find

    Medical professionals have been monitoring Elmiron’s effects on patients in recent years. The American Academy of Ophthalmology (AAO) published a study in 2018 that highlighted the observations of Nieraj Jain, M.D., of Emory Eye Center in Atlanta. Jain treated six adult patients between May 2015 and October 2017.

    Jain observed that several patients showed signs of pigmentary maculopathy, a retinal disease of the macula. The macula is part of the retina located at the back of the human eye. This area affects light sensitivity and helps us accurately process the images we see.

    All of the patients were chronically exposed to pentosan polysulfate sodium (PPS) due to their treatment for interstitial cystitis. A follow-up study was published in 2019, and it, too, found that 10 more patients experienced vision problems after chronic PPS exposure. Per the study, the patients’ median age was 59, and the median time that had passed since their IC diagnosis was 19 years. According to the analysis, PPS exposure damaged the retina.

    Additional findings

    In addition to Jain’s study, three Kaiser Permanente ophthalmologists conducted an analysis and found eye abnormalities in patients who were exposed to PPS from Elmiron use. They also said many of the patients were likely wrongly diagnosed with age-related macular degeneration instead of PPS-related maculopathy.

    In general, it is recommended that patients taking Elmiron have their vision examined at least once a year to monitor for retinal changes and other eye diseases.

    Why are Elmiron lawsuits being filed?

    Plaintiffs who have been injured after using defective drugs have the legal right to hold the liable parties accountable for their injuries and losses. Elmiron plaintiffs who are suing drug manufacturer Janssen Pharmaceuticals allege that the company failed to warn of the drug’s dangers, and that as a result, they suffered various eye injuries.

    Warnings could have informed medical professionals about the medication’s side effects and given patients a choice on whether to take the medicine or not.

    Common eye problems reported after chronic Elmiron or PPS exposure include:

    • Reading difficulty
    • Trouble with adapting to dim lighting
    • Dealing with glare and blind spots
    • Blurred or distorted vision
    • Eye pain or eye strain
    • Reduced night vision
    • Difficulty with seeing objects up close
    • Vision loss

    Some people report experiencing halo vision or seeing dark spots in their vision. They may notice straight lines that bend in different shapes, becoming curvy or squiggly shaped (metamorphopsia). They may even notice a change in how they see colors, which can appear less vibrant. In its advanced stages, some people’s vision problems lead to them being declared legally blind.

    Has the FDA recalled the drug Elmiron?

    As of this writing, Elmiron is still being sold as a prescription medication in the United States. Despite the studies that have linked vision changes to Elmiron use, the drug continues to be available. In June 2020, the FDA approved the manufacturer’s decision to add a warning about eye-related complications to the drug’s packaging.

    The medication’s label now warns about the retinal pigmentary changes that have been linked to long-term Elmiron use. It also says that while the cause of these changes is unclear, continued long-term dosages of the drug may be a risk factor. It also contains the following statement, “The consequences of these pigmentary changes in the retina are not fully understood.”

    What to know about the updated Elmiron label warning

    Janssen’s move to update Elmiron’s warning label on the medication does not mean it formally acknowledges study results that have linked eye damage to patients’ Elmiron use. It also does not indicate that it will conduct a voluntary recall of these medications due to concerns about the drug’s effects on eye health. Patients are urged to alert their doctors to any changes in their vision while taking Elmiron.

    Drug recalls do not determine if consumers can still pursue legal action

    A drug does not need to be recalled for consumers to file a defective drug lawsuit. It is important to note that a recall does not automatically mean a drug manufacturer is responsible for injuries that result from using the drug. It also does not automatically shield them from liability.

    A mass tort lawsuit lawyer can establish a case for damages on their client’s behalf if they can prove the defective drug was dangerous when taken as intended and that their client suffered injuries as a result.

    What is the status of Elmiron lawsuits?

    Hundreds of separate lawsuits have been filed in connection with Elmiron use. It has been reported that the first Elmiron lawsuit was filed in May 2020 by Tina Pisco, who alleges she developed maculopathy after taking the drug for interstitial cystitis. She had been taking the medication since 2012.

    In March 2019, she was diagnosed with permanent retinal injuries in both eyes, her lawsuit says. It also says her physicians would not have prescribed Elmiron had they known about the risks. Or, alternatively, if they were aware of the risks, they would have monitored her vision with routine eye exams if they had decided to prescribe it to her.

    Elmiron MDL cases will go to trial in New Jersey

    They all have been grouped into federal multidistrict litigation (MDL) and will be heard by Judge Brian R. Martinotti for the U.S. District Court for the District of New Jersey. MDLs help speed up the litigation process for multiple cases concerning the same matter. Even though cases are grouped together, plaintiffs will each collect a settlement based on their particular injuries.

    A few sample cases from the group will be sent to trial to test the jury’s response. These cases could also determine if a settlement is possible, and if so, how much. These cases are called bellwether cases. It is too early to determine how much a potential Elmiron case settlement would be. However, the results of the bellwether cases could influence the outcome of other cases. The first Elmiron lawsuits could head to trial in early 2023, the Case Management Order No. 9 that was issued in May 2021.

    You still have time to speak with an attorney who could help you prepare your Elmiron defective drug case and file it before the legal deadlines that apply to your situation.

    Has an Elmiron lawsuit settlement been reached?

    No, no settlement has been reached, and no trial has started for these cases. This means you might be able to join the MDL or a class action or file your own suit separately. Some personal injury law firms are accepting clients for Elmiron cases.

    If you are considering filing legal action for eye injuries you suffered due to Elmiron use, you are encouraged to start as early as possible. Litigation is unpredictable, and it can take a long time. If you want a case review where you can go over your legal options, you can fill out the form to get help with your case.

    Who can file an Elmiron lawsuit?

    Anyone who has used Elmiron long-term and developed vision problems can seek legal action against the drug’s maker. You can file your lawsuit independently, which may be added to the MDL. You will have to present documentation that proves:

    • You took Elmiron for interstitial cystitis. Your medical records or doctor’s prescription can satisfy this requirement. They will show when your treatment started and how long you have been taking Elmiron.
    • You were diagnosed with macular degeneration or another eye disorder linked to Elmiron use. Medical records from your ophthalmologist or their testimony will help you in this area. You may be able to seek damages for a diagnosis of various kinds of maculopathy, macular degeneration, and other conditions.
    • You experienced vision problems as a result of your exposure to pentosan polysulfate sodium (PPS), Elmiron’s main ingredient. You will have to document the vision problems you are having and how long you’ve had them. You can also document how your life has changed since your diagnosis via a written or video journal. You can also document your challenges with testimony from family members and friends or medical professionals.

    A lawyer can advise you on what criteria you meet and if there are additional ones that apply. To learn more about your specific standing, you can fill out the contact form for help with your case.

    Should you file an Elmiron lawsuit?

    Considerable effort, time, and resources go into personal injury litigation, so it is understandable if you need time to think it over. An attorney can review your situation to determine if you are eligible to take legal action. They can also walk you through your options so that you can know what to expect going forward.

    Speaking with an attorney can give you the tools you need to prove your case. They will review your evidence and investigate further to gather more proof showing how a defective drug harmed you. They can also show how the drug was defective by proving there was a problem in how it was manufactured, designed, or marketed.

    Any of these can make a drug dangerous for consumers to use. It’s also possible for defective drug lawsuits to address more than one defect in a product. A lawyer will know what to look for when reviewing a client’s case.

    Other ways an Elmiron attorney can help with your lawsuit

    An attorney will take on your case from start to finish, looking out for your interests as they fight for your financial recovery. They will meet and manage communications with all parties, saving you time.

    Having legal representation also ensures you meet important deadlines in your case, such as your state’s statute of limitations filing deadline. This is important because if you miss this state-imposed deadline, you won’t be able to move forward on your case.

    Your attorney will also answer your questions and explain how state and federal laws apply.

    Vision loss is a significant health problem to deal with

    If you are weighing whether you should sue for your Elmiron-related eye injury, consider how your life will be affected now that you must live with this impairment. Your mobility may change, and your cost of living could increase because of the vision changes you are experiencing.

    According to the U.S. Centers for Disease Control and Prevention (CDC), vision loss ranks among the top 10 causes of disability in the country. It also contributes a sizable burden when it comes to morbidity and one’s quality of life, the federal agency says. According to the CDC, “people with vision loss are more likely to report depression, diabetes, hearing impairment, stroke, falls, cognitive decline, and premature death.”

    A decreased ability to see also leads to an inability to do other things, such as read, drive, monitor one’s accounts, or travel. This is something to consider as you weigh your legal options.

    Possible recoverable damages in Elmiron lawsuits

    Vision loss and eye damage can be devastating injuries to suffer. You may be able to recover economic and non-economic damages in your case.

    Economic damages

    These damages are your actual monetary losses, which could include:

    • Past, ongoing, and future medical expenses to treat your eye injury
    • Cost of any rehabilitative therapies you will need for your vision
    • Lost income due to missing work or losing your job due to your eye injury
    • Lost future income due to changes in your vision
    • Reduced earning ability if your injury made you change job duties or jobs entirely due to your vision impairment
    • Costs related to therapy or counseling you need as you deal with your vision loss and related changes
    • Property damage related to your vision loss
    • Other vision loss-related damages

    You can prove the financial value of all these losses with documentation, such as medical records, invoices, receipts, time cards, pay stubs, and other written records.

    Non-economic damages

    Elmiron victims who suffered vision loss of any kind can show how this injury affected the quality of their life and well-being. These damages do not have a financial value assigned, but an injury lawyer can calculate and assign a value for you. These losses can include:

    • Physical, mental, and emotional pain and suffering
    • Emotional distress you experience due to your visual impairments
    • Mental anguish
    • Loss of enjoyment of life or reduced quality of life
    • Total or partial disability, temporary or permanent

    A lawyer will evaluate all your losses and determine what damages you could pursue with legal action. They can even uncover damages you may not know about.

    A lawyer may be able to start on your case without an upfront payment

    Many lawyers who work on defective drug cases do so on contingency. This means they provide legal representation upfront at no cost to you. If they secure a settlement for you, their payment will come from your award. Contingency fee arrangements keep risks and costs low for the client and allow lawyers to work on their case right away.

    It could help you to have legal representation on your side when you go up against big pharmaceutical companies. They are coming to litigation with their team of lawyers and seemingly unlimited resources. Hiring an Elmiron lawsuit lawyer to represent your interests can give you a chance to recover the losses you endured because of another’s negligence.

    Get immediate medical care for Elmiron-related eye concerns

    It is important that you get medical care as soon as possible if you think your vision problems are related to your Elmiron use. The FDA recommends getting an eye examination at least once a year. An annual exam may be able to detect the early stages of an eye disorder. It is possible that Elmiron-related vision problems could mimic other conditions.

    According to Healthline, a person with late-stage PPS toxicity may have Elmiron-related eye damage that looks similar to late-stage, age-related macular degeneration. Because of this, some patients exposed to the drug are misdiagnosed, believing their condition is unrelated to their Elmiron use. Late-stage macular degeneration can result in permanent vision loss.

    When you see a doctor, tell them:

    • How long you have been using Elmiron
    • What dosage you are/were taking
    • How long you have noticed a change in your eyesight
    • If you took Elmiron with other medications
    • If you have a history of eye disease in your family
    • How long you have been experiencing side effects from Elmiron use

    Side effects are possible with any medication. You can see a doctor about Elmiron side effects that you experienced. A few of the common ones are:

    • Abdominal pain
    • Abnormal liver function tests
    • Blood in the stool
    • Body aches
    • Bruising
    • Nausea
    • Diarrhea
    • Dizziness
    • Headache
    • Hair loss
    • Rash
    • Upset stomach

    If you want to stop using Elmiron, speak with your doctor first before doing so. It is not safe to stop a drug abruptly after long-term use. Your body could go into withdrawal, and you could experience discomfort. Your doctor may recommend a tapering schedule to give the body time to adjust to the drug’s absence. You should also be aware that stopping Elmiron use means your interstitial cystitis symptoms could return. It might help to find other treatment options that can help you manage the condition.

    Delayed treatment could affect the outcome of your case

    Seeing a physician as soon as possible will help you document your efforts to seek immediate medical help. If you receive treatment for your eye health related to Elmiron use, you also must follow your doctor’s orders as directed.

    If you delay getting the medical care you need or fail to follow your doctor’s orders, you may harm your case. Attorneys for the other side could argue that you worsened your condition when you delayed treatment or did not follow the treatment you were prescribed. They also could say your condition wasn’t as serious as you claimed it to be due to delayed treatment.

    Start exploring your next steps in your Elmiron case today

    It is important to act as quickly as possible once you have decided that filing an Elmiron lawsuit is right for you and your family. If your vision loss injuries occurred during or after using the drug, you can reach out to a law firm that can help you pursue the legal process.

    Pharmaceutical lawsuits can be complex matters to understand and follow. Working with an attorney can help you simplify the process and give you peace of mind. A mass tort lawsuit lawyer who is familiar with litigation can make the process easier to understand. They will keep you up to date about any developments in your case.

    Fill out our contact form for help with your case.