Elmiron Lawsuits Could Get To Trial As Early As 2023

According to court documents, the interstitial cystitis drug Elmiron may face trial as early as January 2023 for alleged injuries and damages. About 240 federal Elmiron cases are overseen by Judge Brian R. Martinotti in the District of New Jersey.

What is a Bellwether Case?

The term bellwether is used to describe the initial trials conducted in MDLs (Multidistrict Litigations). The bellwether trials reveal trends that the parties can use to predict how future juries will decide cases.

In most instances, bellwether trials involve a subset of a large group of plaintiffs. The cases are selected because their participants are representative of the entire group. Due to the fact that the cases are representative of the entire group, they can serve as a model for future cases.

The outcome of bellwether trials often encourages parties to settle claims instead of going to court. The parties have a good indication of how juries view the evidence related to the issues being litigated.

Despite the fact that each case is tried separately and the facts may vary slightly, the underlying issues and evidence in each case are the same or similar. As a result, bellwether cases can increase efficiency and accelerate the process of settling mass tort claims.

What is Interstitial Cystitis?

Interstitial cystitis (IC) is characterised by persistent pain in the pelvic region surrounding the bladder and in the bladder itself.

The condition generally causes inflammation and irritation in the bladder walls. In addition, IC can cause stiffening of the bladder and scarring. The causes of IC are unknown, but the condition can affect men and women of all ages and ethnic or racial backgrounds.

IC symptoms include:

  • Frequent urination
  • Tenderness
  • Pelvic or abdominal discomfort
  • Extreme pelvic and bladder discomfort
  • A sensation of abdominal or pelvic pressure
  • Pain in the lower abdomen that worsens when the bladder empties or fills.
  • An urgent need to urinate

Individuals may exhibit some or none of the above symptoms, making IC difficult to diagnose in some instances.

Why are People Suing the Manufacturer of Elmiron?

Elmiron is the only FDA-approved oral treatment for interstitial cystitis pain and discomfort. Retinal damage has been linked to Elmiron use. Damage to the retina can result in vision loss and pigmentary maculopathy, a degenerative eye disease.

Symptoms of retinal damage caused by Elmiron include:

  • loss of sight
  • Vision distortion
  • Adjustment issues to the darkness

In June 2020, Johnson & Johnson, the manufacturer of Elmiron, added a warning that the drug posed a risk of pigmentary maculopathy. Nonetheless, Elmiron has been available since 1996.

The lawsuits allege that Johnson & Johnson was aware of the risk of retinal damage and vision loss long before the warning was added in 2020. Plaintiffs assert that the company failed to warn physicians and patients about the risks associated with the drug.

Seeking Damages for Injuries and Losses

Plaintiffs assert they are entitled to compensation for losses and damages incurred as a result of using Elmiron.

Examples of the types of damages sought by plaintiffs include:

  • Permanent vision loss or impaired vision
  • Injuries to the retina
  • Permanent impairment brought on by pigmentary maculopathy
  • Cost of medical treatment and care
  • Cost of personal care and assistance with activities of daily living
  • mental agony and emotional suffering
  • Physical suffering and pain
  • Decreases in the individual’s life quality
  • Loss of life’s pleasure
  • The loss of income, including future wages and decreases in future earning potential

Your personal injury claim’s value is determined by the severity of your injury and your financial losses. However, the value of individual claims will also be affected by the bellwether trials.

Consult a physician immediately if you have used Elmiron and experienced retinal damage or vision loss. Your injuries may be a direct result of your use of Elmiron. It may also be prudent to discuss your case with an attorney.

There are filing deadlines for Elmiron personal injury lawsuits. You have time to consider your legal options prior to the trial of the Elmiron MDL bellwether cases.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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