If you’re considering a lawsuit against the drug company (Janssen Pharmaceuticals) that makes Elmiron, you’re not alone. In the last few years, many people have learned that the vision problems or blindness they are suffering from may be caused by Elmiron.
Pursuing an Elmiron lawsuit may be your best option. Let’s take a look at several important things you need to know about qualifying for an Elmiron case.
1. Did You Take Elmiron?
In order to prove you have a lawsuit, you first have to prove that you took Elmiron.
What is Elmiron?
Elmiron is a drug that patients usually use to treat bladder inflammation or irritation. It is prescribed for people who struggle with bladder pain and discomfort because of some irritation in their bladder, usually caused by a condition called interstitial cystitis. This condition leads people to experience pain and discomfort in their bladder and feel the constant need to urinate.
Elmiron is supposed to help build a protective layer on the walls of your bladder to prevent the pain and discomfort you might feel if you have interstitial cystitis or a similar bladder issue.
If you took Elmiron for an extended period of time and didn’t see any immediate side effects, you probably weren’t expecting to suffer any serious consequences for taking the drug. However, according to research done on patients who took Elmiron, at least 25% of patients suffered eye damage after taking Elmiron for more than 6 months.
2. Did Elmiron Cause You Damage?
To receive compensation for injuries caused by Elmiron It is important to be able to show:
- You were owed a duty of care. In this case, the manufacturers of the drug owed you a responsibility to protect you from the side effects of taking their drug. The drug was made to help you, not to harm you.
- The defendant breached their duty of care. This means that they allowed you to suffer injury because they didn’t properly warn you of the risks.
- The defendant’s negligence caused your injury. You must be able to show that the injuries you are suffering are because of Elmiron.
- The injury you suffered is severe. You have to show that your injuries caused you significant damage and difficulty living out your life in the manner you were accustomed to.
You have to prove that you suffered damage from Elmiron. The drug is believed to damage the retina, causing such issues as:
- Vision loss
- Blurry vision
- Seeing spots in your vision
- Dark spots
- Loss of vision detail
If you’ve experienced any of these issues after taking Elmiron, you may have maculopathy, the retinal damage caused by Elmiron. This means you may be able to bring a lawsuit against the drugmakers who failed to warn you of the potential dangers of their drug.
3. Can You Bring Your Case In Time With Enough Evidence?
The statute of limitations dictates how long you have before you can no longer receive compensation. Most statutes expire sooner than you may realize so you should bring your case as soon as possible to make sure you don’t miss the deadline.
In addition to bringing your case in time, you’ll need to make sure you have enough evidence. When pursuing an Elmiron lawsuit, you’re trying to gain compensation for what you’ve lost. Your losses, also called damages, include things such as:
- Medical expenses for both past treatment and expected future treatments.
- Medical equipment you may have had to purchase to help you get around.
- Lost wages from time off work or lost earning capacity if you are unable to return to your job because of your injuries.
- Pain and suffering.
- Lost life enjoyment from the changes you had to make to your habits.
- Emotional distress or trauma.
In order to prove that you suffered each of these damages, you’ll need to bring plenty of evidence, including:
- Medical records
- Medical bills
- Bills for other equipment, medications, etc.
- Documentation of time off work.
- Potentially, evidence from a medical expert who can explain how you received eye damage and how it will affect your future.
Once you have the evidence you need, you may be able to pursue your claim against the makers of Elmiron to get the compensation you deserve. We know this is stressful and can be a lot of work. You don’t have to do this by yourself. Contact a lawyer who can help you gather and put your evidence together to build a strong case.
FAQ About Elmiron Cases:
How Does an Elmiron Suit Work?
A: A good lawyer can help tell you if they think you have a claim against the makers of Elmiron. They can also help gather evidence and file a law suit or negotiate a settlement for you.
How Much Will My Claim Be Worth?
A: It’s important to know there is no exact number for how much your claim will be worth because it depends on the circumstances of your claim and how much you have suffered.
How Do I Prove Elmiron Is Responsible for My Maculopathy?
A: Elmiron packaging and labeling said nothing about possible retinal damage for years, which means the drug makers and manufacturers may be responsible for failing to adequately warn patients of the potential risks to their health from taking the drug.