Elmiron Lawsuit Update September 2022 – Forbes Advisor – Forbes

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Published: Sep 12, 2022, 9:29am
Elmiron is a drug manufactured by Janssen Pharmaceuticals that is used to treat interstitial cystitis, a chronic condition affecting the bladder. Thousands of Elmiron users have filed lawsuits alleging that exposure to the drug has caused damage to the retina, affecting their vision.
Users of this medication should be aware of the pending Elmiron lawsuits and of the company’s potential liability. Those whose vision was impacted may be able to pursue a product liability claim to receive compensation.
Elmiron is a brand name for an anticoagulant drug that is classified as a low molecular weight heparin. The drug was approved by the Food and Drug Administration in 1996 for the treatment of interstitial cystitis, or IC. This is a condition affecting the bladder that results in chronic pain and impacts urinary frequency.
Elmiron is the only approved oral pharmacological treatment for IC, but concerns have arisen about its side effects.
A 2018 report published by the Emory Eye Center indicated that long-term exposure might be toxic to the eye and damage the sensitive retinal tissue. Subsequently, another report presented at the American Academy of Ophthalmology meeting in October 2019 also offered more evidence suggesting the bladder medication could result in a “vision-threatening” eye condition.
The 2019 evidence suggests as many as a quarter of patients who had “significant exposure” to the drug had developed signs of eye damage. Specifically, patients on Elmiron face a substantially increased risk of pigmentary maculopathy, retinal maculopathy or macular degeneration.
In January 2020, the first lawsuit against Janssen Pharmaceuticals was filed by affected individuals. The plaintiffs allege both that Elmiron caused unexpected damage to the eye resulting in vision impairment and that Janssen Pharmaceuticals may have been aware of the risk and withheld adverse event reports from the public and from the Food and Drug Administration.
You may qualify to file an Elmiron lawsuit if you have experienced complications with your vision as a result of long-term use of the medication. Most plaintiffs:
If you meet these criteria, you may qualify to file an Elmiron lawsuit. However, only an attorney can provide detailed information on eligibility to sue so it is best to speak with a product liability lawyer to confirm eligibility.
Elmiron use has been allegedly linked to three primary conditions, including pigmentary maculopathy, retinal maculopathy and macular degeneration.
Symptoms of an eye-injury induced by Elmiron include:
Exposure to pentosan polysulfate sodium, Elmiron’s active ingredient, has been specifically identified as the sole cause of pigmentary maculopathy.
If you are experiencing these symptoms and have been diagnosed with pigmentary maculopathy or a related condition, there is a good chance you may qualify to bring an Elmiron lawsuit.
A diagnosis from a qualified medical professional will be necessary to determine if you have experienced vision damage due to Elmiron use.
A medical diagnosis can help you to determine if you should pursue a claim against Janssen Pharmaceuticals. Medical records would also serve as crucial evidence in a lawsuit if you decided to seek compensation.
Elmiron-related eye damage is sometimes misdiagnosed as age-related macular deterioration. You should be sure to tell your doctor about your exposure to Elmiron in order to ensure you receive an accurate diagnosis if you are experiencing vision difficulties.
Filing an Elmiron lawsuit could enable you to obtain compensation for the damage that you experienced as a result of this medication use and the resulting side effects.
An Elmiron lawsuit is a type of personal injury claim. Specifically, it is a product liability case. The types of compensation you may be eligible for in a product liability case include:
The amount of compensation you are likely to receive will vary depending on the severity of your eye damage. For example, if you experienced complete vision loss, you would receive a larger settlement or damage award than someone who has simply experienced increased sensitivity to light.
Janssen Pharmaceuticals is the manufacturer of Elmiron and allegedly withheld adverse event reports. If you believe you have been damaged by Elmiron, you can sue Janssen Pharmaceuticals.
Because Elmiron allegedly caused damage to many individuals, thousands of people who used this medication have filed claims. In order to simplify the process of managing these cases, a multi-district litigation (MDL) was created.
An MDL is similar to a class action in that it can enable the resolution of many claims at once through a legal settlement. However there are important differences between an MDL and a class action.
The Elmiron MDL was established in New Jersey in a U.S. District Court. Judge Brian Martinott is presiding over it. A total of 1,740 claims were pending as part of the multidistrict litigation as of September 2, 2022.
When an MDL is formed, bellwether test trials take place, with certain plaintiffs presenting their case so both plaintiffs and the defendant can get an idea of the likely outcome of litigation. This can help the parties reach a settlement. Three plaintiffs for the bellwether cases have been selected and are expected to begin in January of 2023.
The length of time your Elmiron case will take is going to vary based on many factors, including whether you become part of the MDL as well as the outcomes of the bellwether cases and any resulting settlement offers made by Elmiron.
Discovery for the three bellwether cases is required to be concluded by September 9, 2022 and cases will then proceed to court.
The MDL is likely to result in a settlement with a structured payout. This usually results in plaintiffs who filed lawsuits being organized into different tiers based on the level of damage sustained. Each tier of plaintiffs will receive a set amount of compensation.
When an Elmiron lawsuit goes to trial, plaintiffs will need to prove that Janssen Pharmaceuticals should be held responsible for the damage the drug caused.
Because this is a product liability case, plaintiffs do not have to demonstrate the defendant was negligent. Instead, strict liability rules apply.
This means if the product was defective and caused harm when used as intended, the manufacturer can be liable regardless of whether the company was careless or regardless of whether they acted intentionally to hide evidence of problems.
There are a number of ways a drug could be defective including:
Plaintiffs must also prove that the product was the cause of their vision issues. Elmiron causes a very specific type of eye problem which makes it easier to satisfy this element of the case.
A settlement will likely occur either shortly before or shortly after the bellwether trials. This means the most likely timeline is around January to May 2023.
The amount of compensation each plaintiff receives will likely be determined by vision impairment levels. Although it is impossible to guarantee the amount plaintiffs will receive until a settlement is reached, past mass tort cases can provide a helpful guide.
The level of vision impairment will impact what each plaintiff receives, and the settlement range is likely to be as follows:

This is just an estimate, however. If your vision was impacted by Elmiron you should talk with an experienced product liability attorney to determine if you can pursue a claim and what amount of compensation is likely to be available.
Elmiron is a drug manufactured by Janssen Pharmaceuticals that is used to treat interstitial cystitis. Some evidence suggests Elmiron is linked to eye damage that can cause vision loss or other adverse effects such as blurred vision. Over 1,700 individuals who used Elmiron over the long-term and who have experienced vision impairment have joined a multidistrict litigation to seek compensation for their damages.
Elmiron cases have not yet been resolved, but settlement is likely sometime in 2023. When the multidistrict litigation is resolved, plaintiffs will likely be compensated based on their level of vision impairment. Compensation could range from between $25,000 to $50,000 for those with under 20% vision loss and up to $750,000 to $1 million for plaintiffs who experienced between 80% and 100% impairment.
As of September 2022, there were 1,740 claims pending in the Elmiron multidistrict litigation.
Many law firms are representing Elmiron plaintiffs. You can look for an attorney who is already handling cases that are part of the multidistrict litigation or you can find a product liability attorney with experience handling similar cases. It is important to understand the lawyer’s experience and past case outcomes to find an attorney who is right for you.
Christy Bieber is a personal finance and legal writer with more than a decade of experience. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects.


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