Our law firm is actively pursuing potential litigation against the pharmaceutical manufacturers of the heart pressure lowering medication Benicar for the development of severe gastrointestinal complications including severe chronic diarrhea resulting in significant weight loss. One of the most important and common questions which are asked by our clients is what the value of their case is, or “how much do you think my case will settle for”. As a result of the increasing demand answers to such questions our attorneys have decide to compose this article.
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What is the Average Case Settlement Value of Lawsuits Against Manufacturers of Benicar
1. The Severity of the Harm Suffered – Diagnosis of the Injuries Resulting from the Use of the Unsafe Drug
: The most significant factor in determining the value of an unsafe drug case is severity of the harm suffered. Victims of Benicar (Olmesartan) can suffer from the debilitating effects of severe sprulike enthropathy which can include severe cases of chronic diarrhea, long tern hospital stays, and extreme weich loss.
2. Calculation of Pain and Suffering Resulting from the Injuries
: Pain and suffering, also known a mental anguish, is a major factor in determining the value of a personal injury claim. Side effects of Benicar include excruciating pain and mental anguish due to the length and severity its side effects. Pain and suffering is calculated in different ways based on the jurisdiction where the case is to be tried.
3. Economic Damages – Lost Salary and Loss of Future Earning Capacity
: Victims of harm due to the negligent or intentional conduct of others are entitled to compensation for any economic damages sustained including lost of earning and loss of any future income capacity resulting from long term or permanent disability. Current loss of earnings is calculated by evidence showing a reduction in salary in comparison to before the side effects of the drug took effect. Loss of future income capacity will be calculated by a vocational expert.
4. Availability of Assets and Or Insurance on the Part of the Defendants
: Many personal injury lawsuits are not viable because the defendant in the matter is not covered by insurance or does not have the assets needed for plaintiffs to place a lien on. However, drug manufactures have the assets and or insurance to fulfill any settlements payments required to compensate injured parties.
5. Availability of Punitive Damage Compensation
: Punitive damages are not awarded to provide compensation for damages sustained to the victim. Rather their purpose is to punish the at fault party to such an extent so that he will refrain from any future pursuit of harmful actions. According to Federal law punitive damages cannot exceed 10 time the value of actual damages incurred by a victims. In the context of unsafe drug litigation punitive damages are awarded when the pharmaceutical company knew of the harms associated with the use of their drug but failed to prevent the drug from being manufactured and distributed or failed to properly warn consumers such dangers.
Fo More information on Filing Deadline – Statute of Limitations for Benicar Claims see here