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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

  • Zantac Lawsuit | Seek Compensation for Your Cancer Diagnosis

    Zantac Lawsuit | Seek Compensation for Your Cancer Diagnosis

    Zantac manufacturers are currently facing lawsuits due to their defective drug and failure to warn users of the risk of cancer. If you took Zantac and now face a diagnosis of cancer, you may qualify to join an existing class action lawsuit against the drug manufacturers. We have a network of Zantac lawyers that can represent you and fight for compensation to address your losses.

    What to know about Zantac lawsuits

    If you are considering filing a lawsuit against Zantac, understanding the current litigation against the drug manufacturer can help. Much of the legal groundwork has already been laid through class action lawsuits and multidistrict litigation (MDL) in Florida. You may be able to join the MDL or file an individual lawsuit.

    Either way, you should familiarize yourself with the drug, its potential to cause different types of cancers, and how mass tort law can affect your potential to recover compensation. You should also be aware of your rights as you pursue compensation for your losses. Drug manufacturers are large, billion-dollar corporations that have their own team of attorneys working in their interests.

    You do not have to fight them alone, though. You have the right to seek legal counsel and representation and we can help. Our national network of attorneys can provide you with legal services and handle your case. Once we connect you with a Zantac lawyer, you can focus on your physical recovery while they tackle the legal process.

    What is Zantac?

    Zantac is a heartburn medication that was once available over the counter (OTC) and through prescription. Ranitidine is the generic name for the drug, which is a histamine blocker that reduces stomach acid, according to StatPearls. It treated a variety of ailments, including:

    • Stomach ulcers
    • Intestinal ulcers
    • Gastroesophageal reflux disease (GERD)
    • Erosive esophagitis
    • Hypersecretory conditions, such as Zollinger-Ellison syndrome and multiple endocrine adenoma syndrome
    • Dyspepsia
    • Duodenal ulcers

    You may also have taken ranitidine to treat other conditions, although the following uses were not approved by the FDA:

    • Aspiration prophylaxis
    • Anaphylaxis
    • NSAID-induced ulcer prophylaxis
    • Taxane-related urticaria prophylaxis

    Ranitidine can be ingested orally or administered intravenously. In some cases, doctors even administered it through feeding tubes to patients.

    The drug was first manufactured by GSK in the 1970’s and Pfizer created generic ranitidine in 2004. Since then, two companies, Boehringer Ingelheim and Sanofi, purchased the drug.

    There are other manufacturers that also produce a generic formulation of the drug.

    What is N‐nitrosodimethylamine (NDMA)?

    While Zantac provided some consumers relief from these conditions, its potential to produce N‐nitrosodimethylamine (NDMA) in certain dosages alarmed researchers and led to the current lawsuits against its manufacturers. Valisure found that a single tablet of Zantac exceeds 3,000,000 nanograms of NDMA, while the FDA’s limit is 96 nanograms per day.

    According to the United States Environmental Protection Agency (EPA), NDMA is a probable human carcinogen that can cause different types of cancers. According to Clinical and Translational Science, when researchers tested NDMA contaminants on animals, it caused cancer in their liver, stomachs, kidneys, blood vessels, lungs, and respiratory tracts.

    NDMA is an unstable molecule that also occurs in industrial manufacturing and household products. It also appears in some foods and beverages and cigarette smoke. While low levels of NDMA exposure do not usually cause cancer, high levels can increase the risk.

    Does Zantac cause cancer?

    Some studies suggest the NDMA that Zantac produces can place users at risk of developing cancer. In 2019, the U.S. Food and Drug Administration (FDA) discovered through independent testing that Zantac produced low levels of NDMA. Since there was not enough conclusive evidence to show that low levels of the carcinogen lead to cancer, the FDA continued testing and issued a warning to consumers.

    Further testing revealed that storage methods and age play a role in the level of NDMA the drug produces. If stored in cool temperatures as the manufacturer suggests, Zantac could still produce high levels of NDMA over time. If stored in warmer temperatures, the drug produced even higher levels of NDMA. Regardless of storage, the more time that passes after ranitidine is manufactured, the more NDMA it is capable of producing.

    With this information, the FDA issued a market withdrawal of both prescription and OTC Zantac in April of 2020. It advised consumers to discontinue their use of all ranitidine products and discuss alternative antacid treatments with their doctors.

    Other side effects from Zantac

    Aside from increasing the risk of developing cancer, Zantac causes other minor and serious side effects. According to Healthline, users may experience:

    • Stomach pain
    • Nausea
    • Vomiting
    • Headaches
    • Diarrhea
    • Constipation

    The more serious side effects include:

    • Liver inflammation, which may manifest through yellowing of the skin, discoloration in urine, and whitening of the eyes
    • Increased heart rate, which can manifest through tiredness and shortness of breath
    • Cognitive issues, which can manifest through depression, disorientation, blurred vision, and agitation

    If you experienced any of these side effects, speak to your doctor immediately. As per the FDA recall, ask your doctor about alternatives to Zantac and create a plan to discontinue its use. You should not discontinue use of Zantac without first speaking with a medical provider.

    Which cancers are named in Zantac lawsuits?

    After taking Zantac, you may have developed one or more types of cancer. According to the Journal of Clinical Medicine, Zantac users may develop:

    • Breast cancer
    • Bladder cancer
    • Stomach cancer
    • Colorectal cancer
    • Liver cancer
    • Kidney cancer
    • Prostate cancer

    Other types of cancer may result from taking Zantac, so you should discuss all health concerns with a doctor. Make sure they are aware that you used the drug. Tell them how often you would take the drug as well as your usual dosage.

    Why are Zantac lawsuits being filed?

    Plaintiffs are filing lawsuits against Zantac manufacturers due to the drug’s ability to produce NDMA in the body. This carcinogen comes with an increased risk of developing cancer.

    Since the FDA recalled the drug in 2019, the floodgates opened for litigation as users gained further ground to link their cancer diagnoses to the drug. They seek a settlement that will account for their financial and emotional losses due to their illness.

    Zantac class actions and MDL

    Currently, a number of lawsuits against Zantac manufacturers consolidated into an MDL in West Palm Beach, Florida. U.S. District Judge Robin L. Rosenberg presides over the MDL. Consolidating these lawsuits allows for a speedier resolution for plaintiffs suffering from similar harm.

    Class action lawsuits against Zantac may also be brought in states such as Massachusetts, Florida, California, New Jersey, and Connecticut. Note that MDLs and class action lawsuits are not the same and differ in some important ways. If you work with a lawyer, they can tell you more about what these differences mean for your particular case.

    What is a class action lawsuit?

    In both class action and MDL lawsuits, multiple plaintiffs suffer similar harm due to the same party’s negligence. These lawsuits offer plaintiffs a chance to seek more compensation than they may be able to recover through an individual lawsuit.

    These types of lawsuits come with certain criteria plaintiffs have to meet, though. For example, in a class action lawsuit, there must be enough plaintiffs to form a class, and their individual claims must revolve around the same questions, such as the liable party’s negligence. A class representative serves as the spokesperson for all the plaintiffs, and this representative must have suffered similar harm as all the plaintiffs.

    One advantage that MDLs have over class action lawsuits is that they allow each plaintiff to recover compensation proportionate to their individual losses. In a class action case, plaintiffs generally tend to divide the settlement funds more evenly.

    Status of Zantac lawsuits

    The Zantac MDL is currently underway, but it is still in the beginning phases of litigation. Bellwether trials have been delayed due to the COVID-19 pandemic. These are sample trials that the court uses to test the jury’s response to the case. They have a strong bearing on the MDL, and they can affect the amount of a potential settlement.

    As mentioned, class action lawsuits may also be brought in several states, such as California and Florida.

    Has there been a Zantac settlement?

    No settlement has been reached in the Zantac lawsuits as of yet. This is good news since it means you may still have a chance to join the MDL. Your potential settlement depends on how your cancer affects you, regardless of how another plaintiff’s cancer affected them.

    Who qualifies for Zantac lawsuits?

    Zantac consumers who believe their cancer resulted from the drug can file a lawsuit against the manufacturer. Whether or not your case is successful depends in part on your Zantac lawyer’s ability to link the drug use to your diagnosis.

    You may be able to join the current class action lawsuits or the MDL in Florida. Your eligibility depends on how quickly you take legal action, though, since a statute of limitations applies. There are deadlines for filing, and they usually begin on the date you discovered or should have discovered that you have cancer. If you cannot join an existing lawsuit, you may be able to bring an individual lawsuit against the manufacturer.

    The existing class action lawsuits, as well as the MDL, revolve around two forms of manufacturer negligence: the product’s defective design and the manufacturer’s failure to warn consumers of the risk of cancer.

    Defective design

    Drug manufacturers have a responsibility to produce safe products for consumers. They must test their products multiple times before releasing them on the market, and they must adhere to the FDA’s regulations.

    Plaintiffs argue that Zantac’s manufacturers failed to produce a safe product from the start. They claim the levels of NDMA in their products exceed the FDA’s limit and cause cancer.

    Improper labeling and failure to warn

    Aside from the fundamental safety issues with the drug, plaintiffs also allege that Zantac manufacturers knew their product caused cancer and failed to warn users and properly label the drug. Had they known the risk of ingesting even low levels of NDMA, some users may have opted for a different drug to treat their heartburn.

    Do I qualify for a Zantac cancer lawsuit or settlement?

    You qualify for a Zantac cancer lawsuit if you can prove you took the drug and developed cancer as a result. You will need to prove the connection between your diagnosis and your use of the drug, though. This is where a lawyer may be able to use your doctor’s testimony as evidence.

    Medical documentation is key in a cancer lawsuit, and when you receive your diagnosis, your medical provider may be able to identify the cause of your cancer. If they can provide a link between your Zantac use and your cancer, you may stand to recover compensation through litigation.

    Finally, you must be able to prove that your cancer caused you losses. This is rarely a problem since cancer patients require extensive medical treatment and often miss work due to their illness. The loss of a loved one can also qualify you to bring a Zantac cancer lawsuit against the manufacturers.

    You must demonstrate that you took Zantac

    If you were prescribed Zantac by your doctor, you can secure documentation that you took the drug. If you purchased Zantac over the counter, you may still be able to prove that you were a consumer. If you have any receipts showing you purchased the drug, this can help. Additionally, if you discussed your use of Zantac with your doctor, their intake notes can also serve as proof.

    You must be able to link your cancer to your Zantac use

    Once again, medical documentation can help connect your cancer diagnosis to your Zantac use. Some plaintiffs developed cancer despite having no family history of it or no history of smoking. This can speak volumes when taking legal action against the manufacturers. Ruling out congenital cancer and other environmental exposure can help you make your case.

    Can you file a lawsuit if you didn’t develop cancer?

    Some Zantac users who did not develop cancer are still suing the drug manufacturer for a failure to warn users of the risks of cancer. These lawsuits will not yield the same amount of compensation as a cancer lawsuit, but they may cover the costs of the drug.

    What if you developed other medical issues due to Zantac?

    Some plaintiffs are not only dealing with cancer. Their doctors were also able to link their Zantac use to other medical conditions, such as primary pulmonary hypertension (PPH) and Crohn’s disease. If you developed these conditions instead of cancer, you may also qualify to take legal action.

    Should you file a Zantac lawsuit?

    If you believe your cancer resulted from your use of Zantac, you may consider filing a lawsuit or joining the class action lawsuits or MDL. Consulting a law firm from our national network can help determine if you qualify to take legal action against the drug manufacturer. A Zantac lawsuit lawyer can assess your case, calculate your losses, and represent you during litigation.

    While no amount of compensation can undo the harm you suffered, a settlement can address the financial strain brought on by your battle with cancer. You may face a lifetime of medical expenses, and you may lose your ability to earn an income as your debt accumulates.

    Similarly, if you lost a loved one to their battle with cancer, you may be struggling in their absence. If they were the main provider, your family may face unexpected financial strain. You also deserve to hold a negligent drug manufacturer liable for the physical suffering they endured and the emotional hardship their passing caused.

    A Zantac lawyer can handle your case

    Along with determining your eligibility for a Zantac lawsuit, a lawyer we connect you with can serve as your advocate throughout the entire legal process. You will not have the hassle of filing paperwork or communicating with a large corporation’s legal team. They can take on the drug manufacturers while you focus on your health and spending time with your family.

    What compensation is recoverable in Zantac lawsuits?

    The compensation you may stand to recover from a Zantac class action lawsuit can vary. Keep in mind that settlements from MDL lawsuits differ for each plaintiff based on how the drug affected them. If you developed cancer after taking Zantac, you may be able to recover both economic damages and non-economic damages.

    If you lost a loved one to their battle with cancer, you may also recover an award. Take a look at the different types of losses that may qualify you for compensation.

    Economic losses

    If you were diagnosed with cancer due to Zantac, you likely accrued medical expenses. If you work, you may have also missed out on wages and you may not be able to return to work or perform the same duties. These types of losses are economic damages that a settlement can address.

    Specifically, you may be able to recover:

    • Chemotherapy and other forms of cancer treatment
    • Hospital stays and ambulatory care
    • In-patient and out-patient treatment
    • Diagnostic tests, including MRIs, X-rays, and bloodwork
    • Medication
    • Transportation to and from your oncologist and other medical professionals
    • Out-of-pocket medical expenses
    • Home modifications if you need medical equipment to cope with your illness
    • In-home help
    • Lost wages
    • Lost benefits and pension
    • Reduced earning capacity
    • Lost benefits, promotions, and sick leave pay

    Our network of Zantac lawyers can calculate your losses, taking your future medical care and earning capacity into account. Your battle against cancer may last years, and even if you enter remission, you will need to monitor your health to make sure the cancer does not return.

    The attorneys we can connect you with will fight for fair compensation to address your ongoing losses. This way, you and your family will not be left footing the bill down the road.

    Non-economic losses

    Along with medical bills and lost wages, you may also deserve compensation for the emotional turmoil and physical pain your cancer causes. Non-economic damages can compensate you for these losses. Your Zantac attorney may be able to secure a sum for your pain and suffering.

    Living with cancer can also prevent you from engaging in the activities you once enjoyed and interacting with loved ones the same way you once did. Undergoing treatment and coping with its effects can transform your daily routine, and you can suffer a loss of quality of life.

    Your attorneys can pursue an award for this loss as well. They may use a couple of different methods to assign a dollar amount to these non-economic losses. For example, they may advise you to keep a daily journal detailing how your cancer affects your life.

    Wrongful death losses

    You and your family may be able to recover compensation if you lost a loved one to their battle with cancer. You may receive an award for:

    • The funeral service costs, including burial or cremation expenses
    • Your loved one’s medical expenses before their passing
    • Your loved one’s pain and suffering before their passing
    • Loss of consortium for the companionship your loved one provided as well as the services they performed around the household
    • Loss of inheritance for the income your loved one provided the household

    Only certain family members qualify for compensation. Usually, a spouse or child will be able to receive awards. These qualifications vary by state, however. A lawyer can tell you more about who can seek compensation in your case.

    No amount of compensation can replace your loved one, but you do not deserve to suffer further losses. A Zantac lawyer can advocate for you while you grieve your loved one and spend time with your family.

    Seek medical attention immediately

    The importance of seeing your doctor as soon as possible cannot be overstated. The sooner you receive a diagnosis and begin treatment, the sooner you can address your health concerns and build a case against Zantac manufacturers.

    Your health comes first

    Above all else, seek medical attention immediately to improve your chances in the fight against cancer. If you receive a diagnosis, you should begin the treatment your doctor recommends as soon as possible. When fighting cancer, time is of the essence. The sooner you intervene, the better your chances of survival are.

    Patients who catch cancer in its early stages typically stand a greater chance of entering into remission, a stage at which your cancer stops spreading. Once cancer begins to spread to other organs and areas of the body, your health outlook could become more serious.

    Sometimes surgery is an option, and some patients may be able to rid themselves of cancer altogether. Even then, you will still need to remain vigilant because it can return. Your doctor will prescribe regular tests to monitor your health going forward.

    Your case depends on medical documentation

    Aside from getting the medical care you need, you also need medical documentation if you want to provide a foundation for your lawsuit. This documentation begins with your diagnosis, but it continues to play a role in establishing your losses. Everyone’s battle with cancer takes a different path, and you will want to seek compensation that addresses your losses accurately.

    If you require years of medical intervention, your doctor’s records will reflect that. Your Zantac lawyer will use this as evidence when calculating your damages and determining what fair compensation looks like in your case.

    Your case can suffer if you delay seeking medical treatment

    During your lawsuit, if you delay seeking medical attention or fail to follow through with the prescribed treatment plan, the court may determine that you worsened your condition. This can negatively affect your potential settlement or even cause you to lose your case entirely.

    Do not let a negligent drug manufacturer get away with causing your cancer. Follow your doctor’s instructions so that you have grounds to seek fair compensation.

    Act quickly to protect your rights

    Whether you are filing an individual lawsuit or joining a class action lawsuit, you must act quickly to protect your right to compensation. Every state has a statute of limitations for defective drug lawsuits, and if you try to file past the deadline, you risk seeing the court dismiss your case.

    You must also afford your Zantac lawyer time to investigate and build your case. You will want to give your case the best chance of success, and it is likely that some time has already passed since you developed cancer. Some patients do not detect it as soon as they can if they assume their symptoms are the result of another medical issue.

    As soon as you are diagnosed with cancer as a result of taking Zantac, you should begin the legal process if you plan on pursuing compensation.

    The Sentinel Group can help you find a Zantac lawyer

    No one should have to deal with illness after taking a defective drug. After being diagnosed with cancer, you may wonder if you qualify to file a Zantac lawsuit. We can connect you with a law firm that can determine your eligibility for legal action and represent you in a trial.

    Our national network of mass torts attorneys stands ready to pursue fair compensation for your losses. You may be able to recover an award for your medical expenses, lost wages, and pain and suffering. Do not delay when attempting to hold a negligent drug manufacturer accountable for the harm it caused you and your family. Fill out our contact form for help with your case and to learn how you can hold the manufacturer responsible.

    Related Links

    What Kind of Cancer Does Zantac Cause?
    What Qualifies You for the Zantac Lawsuit?
    What Is the Average Payout for a Zantac Lawsuit?
    Why Was Zantac Taken Off the Market?

  • 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.

  • Truvada lawsuit: What you need to know

    Truvada lawsuit: What you need to know

    Gilead Sciences currently faces multiple complaints involving the dangerous side effects of one of its antiretroviral drugs, Truvada®, which is a prescription medicine used to treat people who are HIV-positive and prevent people who are HIV-negative from contracting the virus. The HIV drug contains tenofovir disoproxil fumarate (TDF), which studies have found leads to serious, potentially irreversible side effects and illnesses.

    If you or someone you love took Truvada and suffered severe health consequences, you may qualify to file a personal injury lawsuit against Gilead Sciences to pursue compensation for your injuries and subsequent damages. Victims who suffered permanent injuries now have an opportunity to file an individual Truvada lawsuit or join a mass tort action against the pharmaceutical company to hold it liable for negligence.

    How do you know if you have grounds for a Truvada lawsuit?

    You will have grounds to bring a Truvada lawsuit forward if you suffered an injury or illness caused by the pre-exposure prophylaxis (PrEP) drug. Truvada, along with other antiretroviral drugs produced by Gilead Sciences, contain tenofovir disoproxil fumarate (TDF). Per Clinical Info, TDF can lead to:

    • Liver failure and other liver problems
    • Kidney failure and other kidney problems (e.g., Fanconi syndrome)
    • Immune reconstitution inflammatory syndrome (IRIS)
    • Other immune system changes, including changes caused by HIV
    • Osteoporosis and other bone mineral loss problems, such as osteopenia, osteomalacia, and bone softening
    • Lactic acidosis, a blood condition that involves excessive levels of lactic acid in the bloodstream

    Health journal AIDS reported on a 2009 study that linked TDF with kidney disease and other negative side effects, yet HIV drugs with TDF continue to sell in the market. The dangers of TDF were not widely known in the public sphere until 2018 when complaints against Gilead Sciences were filed.

    Plaintiffs who were unaware of Truvada’s health risks and who suffered an injury related to one of its side effects have grounds to claim the pharmaceutical company acted negligently in releasing, marketing, and selling a drug that could harm consumers. On top of that, Truvada is one of multiple TDF drugs produced by Gilead Sciences, along with others including Stribild® and Viread®.

    Did Gilead Sciences know about the dangers of taking Truvada and related drugs?

    Ongoing trial cases about Truvada and False Claims Act violations committed by Gilead Sciences allege that the manufacturer was aware of Truvada’s health risks to consumers as it reported to government agencies and sold the drug to consumers. The company conducts its own research on drugs it produces and was actively researching alternative PrEP medicines that did not have the same risks caused by long-term TDF exposure.

    Business Wire reported on two California lawsuits against Gilead Sciences that allege the company made efforts to keep “HIV infected patients and their doctors in the dark about the true risks associated with TDF, along with the solution to those risks, for over a decade,” which falls in line with the 2009 study reported by AIDS. If you decide to make this claim in your individual lawsuit, your Truvada lawsuit lawyer will need to cite evidence that supports:

    • How long the dangers of TDF became medical knowledge in the pharmaceutical industry
    • How long Gilead Sciences was aware of this information
    • What efforts Gilead Sciences performed to hide this information from consumers
    • How these efforts affected you personally from being aware of this information

    Your lawyer may look into current claims against the defendant or suggest joining a mass tort action and file within a multidistrict litigation (MDL).

    How can a personal injury lawyer help build a case against Gilead Sciences?

    If you are unsure about whether you have grounds to file a Truvada lawsuit, a personal injury firm that serves your area can review your case. Many personal injury law firms that handle product liability cases offer free consultations to go over the prospective client’s circumstances, legal rights, and litigation options within the state.

    If you decide to work with a mass tort attorney, they can manage your case for you and perform other services to build your case while you focus on your own recovery and any other personal matters in your life. A lawyer can serve you by:

    • Investigating and researching your case: Your lawyer can research relevant complaints filed against Gilead Sciences and investigate your personal circumstances to find information that establishes how the company’s negligence led to your injuries. Your lawyer will create an argument that demonstrates why Gilead Sciences should be held liable for your damages and then present it for you.
    • Collecting evidence that backs up your claims: During their investigation, your lawyer can also collect supporting evidence for your case, which may include medical records, study reports, lab test results, and expert witness testimony.
    • Consulting expert witnesses who can provide testimony: Depending on what points you make in your case, your lawyer may consult industry experts who can provide insight into your case. Expert witnesses may involve economists, medical professionals, and vocational rehabilitation specialists, among other professionals.
    • Handling communications to protect your case: Gilead Sciences is a major commercial business, so you may have attorneys and other inquiring parties reach out to settle your case before it goes to trial. While an early settlement offer might be tempting, you may want to refer these parties to your lawyer, who can verify whether the settlement offer is fair to you or protect you from admitting anything that could jeopardize your case.
    • Calculating the damages you experienced: Various damages qualify for compensation in personal injury cases, which your lawyer can explain based on your state laws. They can calculate an approximate value of your economic and non-economic damages and then use this figure as a guideline on how much compensation to negotiate or petition for in your case.
    • Preparing your case for trial within your state: Your legal team can also handle administrative work involved with filing a Truvada lawsuit. They can review your state’s statute of limitations to determine how long you have to submit appropriate legal paperwork to the court system and handle other legal tasks, such as requesting trial dates, filing legal motions, and sending notice letters about your intention to sue to involved parties.
    • Negotiating a potential lawsuit with the defendant: If your lawyer sees an opportunity to negotiate a settlement out of court with Gilead Sciences or other related parties, they may arrange meetings to do so. They can serve as your advocate during these meetings, present your case privately, and then relay messages or offers from the defendant to you for review. You have the final word on which offer you accept, and you can always choose to continue with a lawsuit if you do not want to accept an offer or if negotiations come to a standstill.
    • Representing you in court: Finally, hiring a personal injury lawyer ultimately means you will have a legal representative on the court floor when presenting your case argument to a judge and jury. Having someone who understands the technicalities of personal injury law in your state can be a useful tool if you’ve never navigated the litigation process before.

    Many personal injury law firms also operate on a contingency-fee basis, which allows clients who are not in a financial position to hire a lawyer have a method to do so. This fee agreement postpones any upfront attorney’s fees to the end of the plaintiff’s case, and the plaintiff is only obligated to pay these fees if their lawyer wins their case.

    In many cases, a portion of the plaintiff’s compensation award pays for their lawyer’s fees, which takes the burden off their own personal finances.

    What is involved in filing a Truvada lawsuit?

    If you are interested in filing a Truvada lawsuit, you must know the following:

    • Whether you qualify to file a lawsuit against Gilead Sciences
    • Whether you are still within the statutory period to file your case with your state’s court system
    • Whether there are ongoing Truvada lawsuits, meaning potential for mass tort options for your case

    Law firms handling Truvada cases can discuss these points with you when reviewing your case.

    Who is eligible to file a Truvada lawsuit?

    You may qualify to file a Truvada lawsuit if:

    • You took Truvada as a prescription treatment for HIV or a preventative measure to contracting the disease.
    • You suffered negative side effects related to TDF, such as lactic acidosis, liver and kidney damage, and loss of bone mineral density.
    • A physician diagnosed you with a severe health condition related to Truvada use, such as osteoporosis, osteopenia, osteomalacia, or bone necrosis.

    If you took other antiretroviral drugs produced by Gilead Sciences, such as Atripla® or Complera®, you may also qualify to file a products liability action against the pharmaceutical company.

    If you have yet to confirm whether your health condition may tie with your Truvada use, consult your physician for examination. Your medical records can serve as evidence for your case and also show the exact date when you discovered Truvada may have led to your injuries.

    How long does a plaintiff have to file a lawsuit?

    Each state sets a different deadline for filing personal injury lawsuits about defective products, so you will need to refer to your state’s statute of limitations on this rule. Generally, the filing period starts on the day you discovered Truvada caused your injuries. In many states, the deadline is two years from the date of discovery.

    When working with a personal injury law firm, your legal team can inform you about how long you have to file legal action against Gilead Sciences, though many will encourage you to act sooner rather than later so as to avoid missing the filing deadline. If you fail to submit your case on time, it could lead to these consequences:

    • Gilead Sciences would have grounds to file a request for dismissal on your case, which the company intends to do and has done on other cases filed against it.
    • The reviewing judge may grant this request and dismiss your case.
    • If the judge dismisses your case, you cannot pursue compensation through litigation and will have to cover your damages out of your own pocket instead, as Gilead Sciences will no longer be held liable for your injuries.

    While many plaintiffs file lawsuits, many cases settle out of court as both legal sides negotiate terms. Filing a lawsuit serves as a leverage tool to help plaintiffs have a legal foot to stand on when taking on major corporations. Your personal injury attorney will advocate for your interests and provide guidance whenever you have questions or concerns.

    Are there current claims involving Truvada?

    Current Truvada lawsuits include:

    • Michael Lujano and Jonathan C. Gary vs. Gilead Sciences (2018): Lujano and Gary took Truvada and Atripla as treatment for about a decade each when they began experiencing severe health problems, including Fanconi syndrome, osteoporosis, and osteopenia. The case is being tried on negligence and breach of warranty claims.
    • Christopher Pierot v. Gilead Sciences (2018): Pierot took Truvada for one year to manage his HIV symptoms. He developed osteoporosis and bone necrosis that required him to get a hip replacement, which led to chronic pain after surgery. Pierot claimed that TDF was at toxic levels in his blood plasma, which could affect parts of the body unaffected by HIV.
    • Vanessa L. Naisha v. Gilead Sciences (2019): Naisha took Truvada when it first sold in the market in 2004, then developed bone loss in her hips five years later that required her to get two hip replacements, use a wheelchair, and an emergency blood transfusion during one surgery that led to complications. She also developed osteopenia. However, Naisha did not discover the correlation between her health problems and Truvada until 2018.

    If you or a loved one suspect your symptoms or health condition connects with your Truvada use, a law firm near you can review your case and explain what steps to take to start building your case against Gilead Sciences. As more plaintiffs file complaints against the pharmaceutical company, you may also have an opportunity to join a mass tort action. Many Truvada lawsuit lawyers offer free consultations with their team to allow prospective clients to better understand their legal options.

    What documents do you need to file a Truvada lawsuit?

    You will need these documents to support your Truvada lawsuit:

    • Medical records that clearly state you were prescribed Truvada and took the PrEP drug to treat your HIV or prevent you from contracting HIV
    • Medical invoices for treatments you received, such as for surgeries, diagnostic exams, and follow-up appointments
    • Receipts for Truvada prescriptions you paid for
    • Reports about injuries you sustained as a result of Truvada use
    • Salary information, such as tax return forms, paychecks, and W-2 or 1099 forms
    • Images of your injuries, which can include regular photographs or X-ray and other medical images

    You may need to provide other forms of documentation to prove other aspects of your case. For example, if you claim emotional distress as a compensable damage, you may need to provide medical proof from a psychiatric professional that you suffered mental health consequences as a result of your Truvada-related illness.

    How much compensation is a plaintiff entitled to in a Truvada lawsuit?

    The amount of compensation a plaintiff might pursue in a Truvada lawsuit will vary by the plaintiff’s personal damages, as plaintiffs generally must calculate the value of their damages and present this total when submitting their lawsuit. If you decide to hire a personal injury lawyer to help you with your case, they can do this task for you and explain which damages qualify for compensation.

    Damages typically fall within two categories, economic and non-economic damages, which we explain below.

    Economic damages

    Economic damages involve financial losses or debts you experienced or might experience because of your injuries. Regarding an illness caused by using Truvada to treat HIV, you might claim economic damages like:

    • Medical expenses: This category includes expenses for hospitalization, prescription medicines (including Truvada), emergency room treatment, doctor’s appointments, and diagnostic tests (e.g., lab work or imaging exams). Your lawyer will likely calculate your current expenses, then use your medical records, treatment plan, or insight from an expert witness to calculate future expenses you might face.
    • Income loss: If Truvada use caused you to suffer debilitating side effects or illness, then you might have had to miss work to recover or receive treatment. Your lawyer can account for wages you lost related to your injuries, as well as future income you might lose if your injuries still require treatment or developed into a permanent disability that prevents you from returning to work.
    • Reduced earning potential: On the same track as income loss, if your injuries prevent you from working in your regular job but allow you to do lighter work or work in a lower-paying position, then you can demand compensation for the difference in salary, including promotions or raises you now miss out on.
    • Domestic care services: If your injuries prevent you from taking care of your home, children, or yourself in general, you may qualify to recover costs for domestic care services you needed to hire to fulfill these tasks. This damage includes costs for home care, childcare, lawn care, and other caretaking services.

    There may be other expenses you can claim in your case, such as costs for home modifications if your condition forces you to use a wheelchair to get around. Your lawyer will discuss several factors to reach an accurate total on your damages, as once your case settles, you will not be able to pursue additional compensation.

    Non-economic damages

    Non-economic damages refer to physical, mental, and emotional damages related to the victim’s injury or illness. These damages do not readily have a financial value because they are subjective, but there are court-approved formulas that law firms can use to calculate their value. The goal is to assign a value that reflects the impact the victim’s illness had on their way of life, relationships, and abilities.

    Non-economic damages may include:

    • Pain and suffering: If your injuries caused you to suffer physical or emotional pain, be it chronic pain or emotional anguish, you may demand compensation for these types of injuries, including future pain and suffering you might experience.
    • Emotional distress: Emotional distress covers mental consequences related to your illness, such as depression or anxiety. If you suffer from insomnia due to the stress surrounding your injury, you may also claim compensation for this damage.
    • Permanent disability: In cases where Truvada users experienced liver or kidney failure and now have limited bodily functions regarding these organs, they may claim compensation for a permanent disability they now have. If you suffered another permanent injury, such as bone loss (osteoporosis), that may also apply.
    • Diminished quality of life: Claimants who suffered extensive damages that have altered their way of living and interacting with loved ones, coworkers, and society may demand compensation for these significant changes, especially since Truvada is meant to serve as a treatment for people with HIV and give them an opportunity to have normal relationships.

    Wrongful death damages

    If your loved one passed away because of their Truvada-related injuries, this loss can be an overwhelming situation to process, let alone endure litigation for. However, your time may be limited to put a case together.

    Working with a wrongful death lawyer can give you the space you need to grieve with your family without sacrificing time on building your case. Your lawyer can also discuss the damages you and your family suffered since your loved one passed away, which may include:

    • Funeral expenses: This award can cover costs to arrange funeral services as well as burial or cremation services.
    • Emotional losses: Losing a loved one can cause significant changes to family dynamics, be it for the spouse, child, or parent. A lawyer can help you petition for compensation that reflects your loss of love, affection, guidance, and companionship from your loved one.
    • Loss of financial support or inheritance: If your loved one contributed to the family net worth, you may calculate current and future income loss from them to support your family.

    Have there been any Truvada lawsuit settlements?

    Current Truvada lawsuits are still undergoing trial; however, a related case against Gilead Sciences settled in 2020. The United States Department of Justice (DOJ) reported on September 23, 2020, that Gilead Sciences agreed to pay $97 million to resolve claims related to False Claims Act violations involving kickback payments.

    The complaint alleged that Gilead Sciences:

    • Used charitable donation as a method to have Medicare patients purchase drugs manufactured and sold by the company
    • Committed health care fraud by disguising kickbacks as copay assistance for Medicare patients
    • Obtained data from a 501(c)(3) foundation to determine which patients take the company’s pharmaceutical drug and made co-pay payments to the foundation for only those patients

    Gilead Sciences faces other False Claims Act lawsuits.

    Has there been a False Claims Act lawsuit about Truvada against Gilead Sciences?

    Yes. In 2017, the United States Court of Appeals for the Ninth Circuit reopened another complaint filed against the pharmaceutical company that related to its antiretroviral drugs specifically.

    In this complaint, the plaintiff alleged that the manufacturer misreported information about Truvada to the U.S. Food and Drug Administration (FDA) in an effort to reduce manufacturing costs and keep the drug on the public market. Other alleged claims involved:

    • Gilead Sciences’ role in mismarketing Truvada and other dangerous antiretroviral drugs while understanding its defective properties
    • How the company produced safer antiretroviral drugs approved by the FDA but continued to sell Truvada and related prescriptions
    • Other misreports to the FDA

    Your personal injury lawyer may cite these cases to build a profile on Gilead Sciences’ patterns for allegedly misreporting health and safety information to government agencies, false marketing, and other violations in the pharmaceutical drug industry.

    Other complaints against Gilead Sciences

    In 2018, Devin Martinez and Ricardo Wohler filed a complaint against Gilead Sciences that alleged the company had prior knowledge about TDF’s dangerous properties yet continued to produce, market, and sell drugs containing the ingredient anyway.

    The AIDS Health Foundation (AHF) assisted the plaintiffs with their civil action lawsuit, Devin Martinez and Ricardo Wohler v. Gilead Sciences, and made other allegations:

    • Gilead Sciences purposefully omitted information about TDF when reporting on antiretroviral drugs that contained the ingredient (e.g., Truvada) to the FDA.
    • The company also removed information related to TDF health risks, such as damage to kidneys and bones, from drug labels so that the company could continue selling the dangerous drugs.
    • The company marketed TDF drugs as a safe and effective treatment for HIV while actively researching alternative drug treatments that “greatly reduced the risk of toxicity to kidneys and bones.”

    The FDA already reprimanded the manufacturer in 2002 and 2003 because it failed to warn consumers about dangers associated with TDF’s safety profile. While this lawsuit is separate from current Truvada lawsuits, it can build on the reputation Gilead Sciences has built on misreporting safety information about its products.

    When you’re ready to file a Truvada lawsuit, we’re here to help

    If you or a loved one used Truvada as a treatment for HIV and suffered negative side effects as a result, you may qualify to file a defective drug lawsuit against Gilead Sciences. A mass tort lawsuit lawyer near you can represent your case and gather information to support your claims. You may also be able to join a mass tort with other plaintiffs who suffered serious health consequences after using Truvada or related HIV medications that use TDF.

    Fill out our contact form today for help with your case or to learn more about holding the manufacturer responsible.

    Related Links

    How Are Damages Calculated in a Truvada Case
    Who Is Behind the Truvada Lawsuit?
    What Is the Lawsuit Against Truvada?
    What Are the Long-Term Side Effects of Truvada?
    How Much Can You Get from a Truvada Lawsuit?