The St. Jude Silzone mechanical heart valve implants manufactured by St. Jude Medical has been associated with dangerous medical side effects including heart failure, deep vein thrombosis, stroke, blood clots and pulmonary embolism. One of the most common questions clients ask our questions regarding their claim revolves around the potential settlement value attributed to their injuries including, “how much will my case settle for,” or “what is the potential value of my case.” Value of a St. Jude Heart Valve Case: Cases involving the St, Jude Heart Valve have settled for between $150,000 and $200,000. However, every individual case is unique comprising of a varied set of factors which play a significant role in the determining the value of a claim. A brief description of important factors in a case which play an important part in determining the overall value of a settlement or jury verdict is provided below. Legal Help: If you have any further questions after reading this article feel free to contact our defective product law offices.
Factors in Determining the Value of a St. Jude Silzone Mechanical Heart Valve Case
1. The extent and magnitude of the injuries suffered: By far the most important component of a defective product case with respect to its settlement value is the type of injuries suffered. St. Jude mechanical heart valves have been linked to severe side effects including pulmonary embolism, heart failure, thrombosis, stroke and blood clots.
2. Economic Damages – Including Lost Wages and Loss of Future Income: Individual who are unable to work have the right to seek compensation for lost wages from all at fault parties. A calculation of a loss of future income capacity will require the use of a vocational expert which will determine a victims ability to earn an income.
3. Economic Damages – All Present and Future Medical and Rehabilitation Expenses: In many instance individual who suffer strokes and other pulmonary complications require long term medical and rehabilitation care.
4. Non-Economic Damage – Including Pain and Suffering, Mental Anguish: Victims of personal injury are entitled to compensation for the mental trauma and physical pain they suffer as a result in the negligent or wrongful action of liable parties. There are several ways with which to calculate pain and suffering in a product liability cause of action. The Per-Diem basis places a daily monetary value for the suffering an individual is exposed to and multiplies that amount by the number of day that person is likely to suffer.
5. Availability of Punitive Damages: Under Common law victims of personal injury may be able to receive punitive damages on top of any compensation for actual harms suffered. Punitive damages are designed to place a heavy burden on the liable company for the purposes of eliminating future harmful action. Generally in product liability cases involving defective surgical implants punitive damages are awarded when the manufacturing company knew or should have known of the harms associated with the use of their products but failure to properly warn consumers or remove the product in a timely fashion.
Further Information: Statute of Limitations for Filing a St. Jude Mechanical Heart Valve Lawsuit