If you’re experiencing visual impairment or blindness after using Elmiron to treat bladder pain, you may be entitled to sue for damages. The manufacturer of Elmiron, Janssen Pharmaceuticals, failed to disclose to consumers that retinal damage is one of the possible side effects of their pain relief drug.
Victims of Elmiron-related vision loss deserve to seek compensation for their diminished quality of life and reduced earning capacity, but doing so without a lawyer can be an uphill battle. Fortunately, the team at Christina Pendleton & Associates can help. Our Chesapeake Elmiron lawsuit lawyers can build your case and demand payment for your losses.
An Elmiron Lawsuit Attorney in Chesapeake Can Fight for Damages
The most important part of your Elmiron lawsuit is the settlement or court-awarded payment you’ll receive at its conclusion. Your Chesapeake Elmiron lawsuit attorney will be able to secure compensation (also known as damages) for a number of expenses related to your vision loss, including:
- Medical bills
- Assistive devices
- Medication
- Regular medical assessments
- Reduced earning capacity
In addition to these monetary, or economic damages, there are also several non-economic damages an attorney can pursue on your behalf. Non-economic damages are meant to compensate for less tangible losses, like the emotional pain you’ve experienced as a result of your condition. Here are some of the non-economic damages a lawyer can fight for:
- Pain and suffering
- Reduced quality of life
- Lost opportunities
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You Can Be Compensated for Elmiron Side Effects
Total vision loss isn’t the only Elmiron side effect you can receive compensation for. In fact, there are several other vision problems you can build a claim for. Here are some of the other visual impairments an Elmiron lawsuit attorney can help you secure damages for:
- Blurred vision
- Halo vision
- Reduced night vision
- Unilateral or bilateral blindness
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How an Elmiron Lawsuit Attorney in Chesapeake Will Build Your Case
In order to add your claim to the multidistrict class action litigation that is currently underway, your Chesapeake Elmiron lawsuit lawyer will need to build a solid case. This will involve collecting information related to your losses, determining who should be held liable, and presenting evidence that connects the liable party’s negligence to your injury.
Investigating Your Case
In order to prove that Janssen’s failure to warn consumers about Elmiron’s side effects was the sole cause of your visual impairment, your attorney will need to collect information regarding your medical treatment. They’ll gather medical records and bills that show you were prescribed Elmiron and that you were diagnosed with vision loss.
They’ll also likely request testimony from your doctor to solidify the connection between Janssen’s negligence and your visual impairment. Your doctor’s account will ideally validate your claim and show that Elmiron directly caused your retinal damage.
Identifying the Liable Party
While most of the lawsuits for Elmiron-related vision loss are filed against Janssen Pharmaceuticals, there are actually a number of other related companies that victims have attempted to receive compensation from. An Elmiron lawsuit attorney will help you decide which of the following companies should be held liable for your losses:
- Centocor
- Bayer
- Teva
- IVAX
- Alza
- Ortho-McNeil
- Janssen
Proving Liability
In order to win you compensation, your attorney will need to prove that the guilty party failed to provide the duty of care they owed you, and that their failure directly resulted in your losses. In order to establish that Janssen breached their duty of care, your Elmiron lawsuit lawyer will likely point to the fact that they refuse to list vision loss as a side effect.
Next, your attorney will use the evidence they collected to show that Janssen’s failure to meet their obligations directly resulted in your loss of vision. Once they’ve established causation between Janssen’s failure to inform and your injury, you’ll be legally entitled to receive damages.
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The Current State of Class-Action Elmiron Lawsuits
As of now, no Elmiron cases have been brought before a jury. The first cases are expected to begin in early 2023. Many of those cases will be part of the class-action lawsuit against Janssen, but others may be pursued privately. Your attorney will help you determine if joining the class-action suit or pursuing compensation on your own is the best course of action.
Since no Elmiron cases have been heard yet, it can be hard to estimate how much you can expect to receive from your claim. That being said, you can rest assured that your Elmiron lawsuit attorney will do everything they can to secure a payment that covers all your losses.
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Statute of Limitations for Filing an Elmiron Lawsuit in Virginia
Whenever a victim has to seek compensation for a drug-related injury, a product liability injury, or any injury caused by another party, it’s important to remember that there’s a statute of limitations for filing a claim. According to Virginia Civil Remedies and Procedure § 8.01-230, you’ll have two years from the date of your diagnosis to file a claim.
If you fail to file before the legal deadline, you won’t be able to receive compensation and you’ll have to pay out-of-pocket to cover your medical bills. One of our Elmiron lawsuit lawyers in Chesapeake will make sure your claim is filed on time so that you have the best chance possible at receiving payment for your losses.
Contact an Elmiron Lawsuit Attorney in Chesapeake to Get Started on Your Claim
The attorneys at Christina Pendleton Law are fully prepared to take on your case. They’ll collect evidence to bolster your claim, prove that the guilty party’s actions caused your vision problems, and demand that they provide adequate compensation for your losses.
Fill out a contact form on our website to schedule a free consultation with one of our Elmiron lawsuit lawyers in Chesapeake. They’ll work tirelessly to make sure you get payment you need to cover your treatment expenses and make your life easier during this difficult time.
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