Find out if you have a good case
In 2015, a link was found between Elmiron, a prescription drug for painful bladder syndrome, and maculopathy, a serious eye disease. Despite thousands of cases of maculopathy connected to the use of Elmiron, Elmiron’s manufacturer, Janssen Pharmaceutical, failed to inform the public about the risks inherent with the use of the drug.
If you or a loved one suffered any form of vision loss or impairment and you used Elmiron in the past, you may have grounds for a legal claim or lawsuit against Janssen Pharmaceutical. For a free consultation with an experienced Elmiron Lawsuit Attorney, contact Birkhold & Maider, LLC today.
The eye ailments reported by patients using Elmiron include:
Patients using Elmiron have also complained about:
Depending on how you were affected by these issues and the illness-related costs or expenses you’ve had to endure, you may be able to seek compensation from Janssen Pharmaceutical for:
To file a claim for compensation for losses and injuries associated with Elmiron’s use, it is important to first understand how dangerous drugs such as Elmiron make it to the market.
It takes years to develop and approve new drugs for sale. It is not uncommon for large pharmaceutical companies to spend hundreds of millions of dollars on research and development for new drugs. Once a new drug is developed, the manufacturer is awarded an exclusive patent that provides the manufacturer with exclusive manufacturing rights for the drug. This gives the manufacturer time to recoup development expenses. It also encourages research and development.
The FDA is tasked with testing and approving the new drug. Drug side effects are also investigated. Only if a drug is found to be safe will it be approved for sale to the public.
Unfortunately, it is not uncommon for certain ailments and illnesses to go unnoticed, and the FDA may inadvertently approve an actually dangerous drug. In some cases, a drug manufacturer may even intentionally mislead the FDA to expedite the approval of its new drug.
If at any point a manufacturer becomes aware of the inherent dangers of a drug it is producing but fails to cease production and warn the public of the dangers of using the drug, this is a breach of the duty of care. The manufacturer can also be held accountable for failing to perform important safety and health checks that could have identified potential risks of using the drug.
If it can be shown that Janssen Pharmaceuticals knew about the dangers of Elmiron or had reason to believe that Elmiron use was linked to an eye disorder but failed to take steps to protect the welfare of patients, it can be held liable for the resultant damages. This is where you may have grounds for an Elmiron lawsuit against the manufacturer.
Establishing a link between your eye ailments and your Elmiron use can be difficult. Firstly, you may have stopped taking Elmiron, Secondly, you may not have had taken it for long enough for there to be a causal relationship between any illnesses or ailments you suffered and Elmiron.
To have a case, you must be able to prove that you used Elmiron for long enough to develop an eye ailment or suffer vision damage. You must also show that you used the drug as intended and as per your doctor’s orders. If you misused the drug in any way or did not use it as intended, the manufacturer can get off the hook and blame you for misusing the drug.
Our Essex County Injury Attorneys can help you build a case that establishes the facts above.
Our team will also help you quantify your losses and gather evidence such as medical test reports, treatment regimens, proof of lost income, and other illness-related expenses to quantify your case. We will help you gather this evidence and file a claim with the relevant courts within the statutes of limitations to ensure that you have as sound a case as possible before moving forward.
If you are taking Elmiron, you should stop and speak with your doctor to discuss safer alternatives.
You should also consider speaking with an attorney to determine whether you have grounds for an Elmiron lawsuit against Janssen Pharmaceutical. In most cases, as long as you meet the following criteria, you likely have grounds for a claim:
It is never easy filing a lawsuit against big pharmaceuticals. Furthermore, joining a class action or mass tort claim can be complicated. In some cases, joining a mass tort or class action can benefit you. In other cases, based on the specifics of your case, it may be better to file an individual claim. There is no need to guess which path is best for you. Contact Birkhold & Maider, LLC today for a free case evaluation. We will walk you through everything you need to know about your case and will help you file a claim for the maximum compensation that the law entitles you to.
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