Update: In recent trial involving an individual stricken with bladder cancer after the use of Actos a jury awarded more than $9.0 Billion Dollars. Takeda Pharmaceutical was order to pay $6.0 Billion in punitive damages while its partner in the distribution of the drug Eli Lilly.
Bladder cancer is a life threatening ailment which has been increasingly linked to that use of diabetes medications including Actos. It is difficult to place a monetary value on a personal injury lawsuit. There are however significant factors which can be evaluated to provide a rough estimate on what the value of a claim may be. Below we have provided with a detailed analysis of those factors.
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1. Severity of the ailment – Medical expenses required for treatment
: The severity of an injury due to the use of a defective drug is a key factor in determining an estimate for the value of your claim. There are three generally accepted types of bladder cancer
- Urothelial carcinoma – accounts for 95% of all cancers in the bladder
- Squamous cell carcinoma – can result from prior infections
- Adenocarcinoma – account for only 1% of all bladder cancers
Severe instances of injury such as bladder cancer warrant the utilization of a myriad of medical procedures and therapy including surgery, chemotherapy, radiation therapy, and immunotherapy. Such medical expenses can add up to hundreds of thousands of dollars. A drug side effect claim will attempt to reimburse you for the cost of medical treatments.
2. Lost Wages and Loss or Reduction of Future Income
: Victims of personal injury are entitled to monetary compensation for lost wages as well as loss of income. Survivors of bladder cancer are often unable to return to work. In such cases courts will assess the monetary value for the loss of future income due to an inability to work.
3. Pain and Suffering – Emotional Anguish
: Victims defective products are able to receive recovery for the pain and suffering resulting their injuries. In many jurisdictions pain and suffering is calculated on a Per Diem basis. In a Per Diem jurisdiction the jury calculates the daily dollar amount for an injured parties pain and suffering. So if the victim has pain from her injuries for 400 days and a jury places a daily (per diem) value for her pain at $600.00 then the total calculation for pain and suffering will amount to $240,000.
4. Availability of Punitive Damages
: Punitive damages are awarded when the at fault party acted with either (a) the intent to cause harm or (b) displayed reckless indifference for the life health and safety of consumers. Recent evidence suggests that Takeda, the manufacturers of Actos, knew or should have known of a heightened risk of bladder cancer due to the use of their drug but failed to voluntarily recall the product and or properly warn consumers of those risks.
What if a Plaintiff dies before the filing of a Lawsuit
: If the statute of limitations on a claim has not run then certain relatives on the deceased may be able to assert a claim for the wrongful death of a loved one against all at fault parties. Wrongful death laws differ in many jurisdictions. For example California statutory basis for a wrongful death lawsuits permits only certain relatives from joining a lawsuit for the death of a relative.