Elmiron Eye Damage Lawsuit
Elmiron is a prescription drug manufactured in 1996 by Janssen Pharmaceuticals, Inc., a company owned by Johnson & Johnson.
- 1. What is Elmiron Used For?
- 2. What are Elmiron's Side Effects?
- a. Moderate or Temporary Side Effects
- b. Potentially Serious or Permanent Side Effects
- 3. Which Eye Conditions or Diseases are Linked to Elmiron?
- 4. What are the Common Symptoms of Pigmentary Maculopathy Linked to Elmiron?
- 5. Who is Eligible for an Elmiron Lawsuit?
- 6. Can Elmiron Be Held Liable?
- a. Design Defect
- b. Failure to Warn
- c. Negligence
- 7. What Types of Elmiron Lawsuits are Being Filed?
- 8. What Damages Can I Recover from an Elmiron Lawsuit?
- 9. How Much Does it Cost to Hire a Lawyer?
- a. How To Hire an Elmiron Lawsuit Attorney Today?
What is Elmiron Used For?
Elmiron, generically known as pentosan polysulfate sodium, is used to treat bladder pain caused by interstitial cystitis. This condition means the walls of the bladder are inflamed or irritated.
What are Elmiron’s Side Effects?
The drug has several potential side effects, ranging from moderate and temporary to serious and permanent.
Moderate or Temporary Side Effects
Common side effects of Elmiron include:
- Upset stomach
- Hair loss
- Skin rash.
Potentially Serious or Permanent Side Effects
There also may be more serious or permanent side effects:
- Blood in the stool
- Depression or mood changes
- Abnormal liver function
- Discomfort or difficulty swallowing.
Which Eye Conditions or Diseases are Linked to Elmiron?
In addition to the side effects listed above, there is also the possibility of Elmiron causing eye damage or vision loss. Symptoms include difficulty reading, blurred vision, and slow adjustment to low light conditions.
What are the Common Symptoms of Pigmentary Maculopathy Linked to Elmiron?
In particular, there is a risk of Elmiron eye damage or vision loss from pigmentary maculopathy.
Maculopathy is a disease the impacts the part of the eye behind the retina called the macula. The disease is a progressive condition that can potentially result in vision loss in one or both eyes.
Specifically, pigmentary maculopathy occurs when a person gets pigmented deposits in the macula. Other symptoms include:
- Lesions under the macula
- Thinner pigmented lawyer beneath the macula
- Tiny blood vessels around the macula.
Pigmentary maculopathy may cause the victim to have poor vision, dark spots in vision, difficulty reading, a lessened sight of colors, and slow adjustment to low-lighted areas. The vision loss may, in some cases, be permanent.
Who is Eligible for an Elmiron Lawsuit?
Due to the potential risks for eye damage from Elmiron, you may have the right to file a lawsuit to seek compensation for your injuries. If you’ve taken Elmiron, suffered pigmentary maculopathy or other vision loss, then you may be eligible for an Elmiron vision loss lawsuit.
Act today because you must file your lawsuit within the statute of limitations. This is a time period in which you have to file a claim. If you wait too long, the statute of limitations may expire, and your claim may be barred.
To determine if you are eligible to file an Elmiron lawsuit, consult an Elmiron lawsuit attorney today. These personal injury lawyers can discuss the facts of your case, determine the applicable statute of limitations, and counsel you on whether you are eligible.
Can Elmiron Be Held Liable?
There are several legal bases for filing an Elmiron lawsuit. Three common theories are design defect, failure to warn, and negligence.
While the specific requirements vary from state to state, generally, a person injured from using Elmiron must prove that:
- The defendant, Janssen Pharmaceuticals, Inc., manufactured the pentosan polysulfate sodium;
- The Elmiron did not perform as safely as a reasonable consumer expected it to;
- The Elmiron caused the injury to the person; and
- The person suffered damages.
Failure to Warn
Again, the specifics vary depending on what state you live in. However, in general, to prove there was a failure to warn, the injured person must establish:
- The defendant manufactured the pentosan polysulfate sodium;
- The Elmiron had potential risks associated with its use, and these risks were knowable to the defendant;
- These potential risks created a substantial danger when the Elmiron was used;
- An ordinary consumer would not have realized these potential risks;
- The defendant failed to adequately warn of these potential risks;
- This failure to warn caused injury to the person; and
- The person suffered damages.
Negligence occurs when a party acts unreasonably under the circumstances. In a claim against Elmiron’s manufacturer, an injured person can allege that the manufacturer acted unreasonably in producing and selling a product that contained potential risks of eye damage to the user.
What Types of Elmiron Lawsuits are Being Filed?
There are several different kinds of Elmiron lawsuits that are being filed. These are individual, class action, and multidistrict litigation.
Individual lawsuits are when a victim files a lawsuit against the manufacturer.
Class action lawsuits occur when one or more victims file a lawsuit on behalf of a larger number, or class, of plaintiffs. It allows courts to more efficiently handle what could otherwise be an overwhelming number of cases. Currently, there are several Elmiron class action lawsuits being litigated.
Multidistrict litigation (MDL) is a federal procedure that is intended to speed up the process of litigating complex cases that involve common questions of fact. Cases subject to MDL are sent to one federal district court for pretrial proceedings and discovery (sharing of information by the parties). If a particular case is not dismissed or settled, it is transferred back to the original federal district court for litigation. Currently, federally filed Elmiron lawsuits have been granted MDL status and were sent in December of 2020 to the District Court of New Jersey for proceedings.
What Damages Can I Recover from an Elmiron Lawsuit?
An injured person can receive compensation, or damages, from the Elmiron manufacturer for several different types of damages. These include recovering medical expenses and lost income from missing time at work. Damages for pain and suffering are also available.
Finally, if the injured person can prove that the manufacturer was negligent and acted with conscious disregard of the safety of those using Elmiron, punitive damages may be possible. These damages are designed to punish the defendant for their misconduct rather than compensate the victim for their losses.
How Much Does it Cost to Hire a Lawyer?
Most Elmiron lawsuit attorneys are personal injury lawyers that take cases based on contingency fees. This is an arrangement where the lawyer only takes a fee if the case is successfully settled or litigated. Typically, the fee is a percentage of the settlement amount or court award.
Depending on the specific contingency fee agreement, the client may be responsible for other costs upfront. These include filing fees and expert witness fees. When you consider hiring an attorney for your Elmiron claim, make sure to discuss the details of their contingency fee agreements.
How To Hire an Elmiron Lawsuit Attorney Today?
If you’ve taken Elmiron and suffered eye damage, vision loss, or another severe injury, contact our Elmiron lawyers today. Don’t wait, as the statute of limitations clock is ticking.