How would an Elmiron Settlement Work?
Elmiron is linked to a unique type of vision loss. The scientific evidence for this connection is strong. Mass tort cases involving dangerous drugs in the past have led to large settlements that were based on weaker medical evidence. These lawsuits are being pursued by Elmiron lawyers. While there are no guarantees, we believe that large settlement amounts could be offered to Elmiron victims by 2021.
The Elmiron class action MDL will almost always end in a settlement. It is unclear what the settlement agreement for Elmiron will look like and how much it will cost.
In mass tort cases, global settlements often include a structured payout arrangement in which individual lawsuits are ranked according to a points system. It is easy to imagine what compensation payouts might look if you think of Elmiron settlements in tiers.
Elmiron cases at the highest tier receive a larger settlement payout, while those in the lower tiers get the lowest payout. The severity of plaintiff’s injuries determines the ranking in the tiers.
A plaintiff with complete vision loss, for example, would be at the top tier while a plaintiff who has only partial vision impairment would be at the bottom tier.
How can you tell if Elmiron has damaged your vision?
Evidence has shown that Elmiron is linked to an extremely specific type of eye injury. This damage can only be caused by the active ingredient, pentosan polysulfate salt. Pigmentary maculopathy is the unique type of eye injury caused by Elmiron.
If you have been using Elmiron for more than a year, your eyes should be examined for any signs of damage to your retinas. Elmiron Eye Damage Lawsuit damage caused by Elmiron can often be misdiagnosed with age-related macular degeneration. Tell your eye doctor all about your Elmiron history.
What are the symptoms of an Elmiron-Induced eye injury?
An Elmiron-induced injury to the eye can be characterized by:
Blurred and distorted vision
muted colors
Changes in the eye color
Sensitivity to light has been increased
Dark spots, blind spots and floaters
What Elmiron Settlement Amounts Can We Expect from an Elmiron Lawsuit
Our lawyers have estimated the following Elmiron settlement amounts based on prior mass tort drug cases:
What is the Average Time It Will Take to Establish an Elmiron Settlement?
The final settlement of the Elmiron class action MDL is likely to be reached shortly before or shortly following the January 2023 trial.
Global settlements in large cases involving defective drugs take time. Do not believe any lawyer who promises you an Elmiron settlement in a hurry. Pre-trial discovery can be very time-consuming and costly. Typically, discovery is followed by at most one bellwether trial. This can lead to months-long back-and forth negotiations.
Because Elmiron’s scientific evidence is so strong, the Elmiron lawsuit could move much faster than other defective drug cases. Evidence linking Elmiron and macular eye damage is stronger than that in other mass tort drug cases.
However, the COVID-10 epidemic has caused delays in the court system. This could make it difficult to reach an Elmiron settlement quickly.
New Jersey Class Action Elmiron Lawsuits
There are 1,275 Elmiron lawsuits in federal court in the Elmiron MDL Class Action. However, there is also an increasing number of Elmiron cases in New Jersey state court. Recently, the New Jersey Supreme Court granted a motion for consolidation of these Elmiron cases into an MCL. This is New Jersey’s state version MDL.
All Elmiron lawsuits pending in NJ state courts will now be consolidated for pre-trial proceedings by a single judge.
Example Elmiron Pigmentary Maculopathy Lawsuit
Deborah Quick, an Oregon woman, was one of the latest plaintiffs in the Elmiron eye injury litigation. Quick filed her Elmiron lawsuit versus Janssen Pharmaceuticals in October 2021. Quick filed her initial Complaint at the U.S District Court of Oregon. It was later transferred to the Elmiron MDL.
In 2002, Quick received her first prescription for Elmiron to treat her interstitial cystitis. From 2002 to March 2020, Quick continued taking Elmiron as directed by her doctors. The Elmiorn eye injury lawsuit claims that Quick experienced vision problems over a prolonged period of time after she began taking Elmiron.
Quick’s Complaint states that it wasn’t until 2019 when her doctor first told her that her vision problems might be due to Elmiron.
Quick was later diagnosed with pigmentary macularopathy. This is a rare type of macular damage that can only be caused by long-term Elmiron usage. Quick’s lawsuit against Elmiron for pigmentary maculopathy alleges that it failed to warn. Janssen knew of the dangers associated with Elmiron, and concealed them from patients and doctors. In the Elmiron lawsuits, there are many counts. The bottom line is that you knew the risks and didn’t give people the chance to choose.
Eye Damage and Elmiron: Research
Elmiron was thought to be completely safe until an accidental discovery by Emory Eye Center eye doctors in Atlanta found a link between Elmiron long-term use and a new type macular damage.
Unusual Retinal Pigmentary Differences
A team from Emory Eye Center sent a letter to editor of Journal of Urology in April 2018. It reported unusual retinal pigmentary conditions or maculopathy in six female patients who were receiving long-term Elmiron therapy (median duration 15.5 years). The condition did not look like any other type of retinal disorder.
The case series was published online at April 20182 and no one in the group had any family history of retinal diseases or other pathogenic processes that could have predisposed them to this disease. Five (5) of the six patients had received 400 mg daily Elmiron and one had 300 mg daily. Interstitial cystitis was diagnosed in the youngest patient at 23 years of age. He began to show visual symptoms around 30 and had suffered the most severe vision damage by the time he turned 37.