What You Can Expect During Litigation for Elmiron

 Posted on April 04, 2024 in Personal Injury

Suppose you have taken the prescription medication Elmiron for interstitial cystitis and suffered vision problems or retinal damage. As a result, you may be considering filing a lawsuit against the drug manufacturer. An Illinois lawyer can help guide you on what to expect during the litigation process.

Filing a Complaint

The first step is filing a complaint in the appropriate Illinois court. Your lawyer will draft the complaint, outlining the facts of your case, the legal claims being made (such as failure to warn, design defect, breach of warranty under the Illinois Product Liability Act), and the damages you seek. The complaint is then served on the defendants.

The Discovery Phase

Once the complaint is filed, the discovery phase begins. This involves exchanging relevant information and documents between the plaintiffs and defendants. Your lawyer will request records from the drug manufacturer and may also subpoena third parties. You can expect to answer written interrogatories about your Elmiron usage and injuries. Depositions will also be conducted, where lawyers question parties and witnesses under oath.

How an Illinois Lawyer Can Help

A product liability lawsuit can be complex, but an experienced lawyer can guide you through the process. They will draft and file the complaint, deal with the defendants’ lawyers, conduct discovery, hire expert witnesses, and build your strongest case.

Potential Consolidation into an MDL

With many Elmiron lawsuits being filed nationwide, cases will be consolidated into multi-district litigation (MDL) for more efficient pre-trial proceedings. This has already occurred at the federal level. If an MDL is formed in Illinois state court, an appointed judge will oversee coordinated discovery and consistent rulings across the cases.

Settlement Negotiations or Trial

As evidence is gathered through discovery, your lawyer will have a clearer picture of the strengths and weaknesses of your case. They may engage in settlement negotiations with the defendants to try to reach an agreeable resolution. If a fair settlement cannot be reached, your case may proceed toward a trial where your lawyer will present arguments and evidence before a judge and jury.

Timeline and Resolution

The duration of an Elmiron lawsuit may differ significantly, influenced by the case’s intricacies and the court calendar. Some cases may resolve in a year or two, while others could take several years. Your lawyer can give you a ballpark estimate and update you on progress. Compensation in a successful case may include medical expenses, lost wages, pain and suffering, and other damages.

Contact a Rolling Meadows, IL Personal Injury Lawyer

If you believe you have an Elmiron claim, consult with an Arlington Heights, IL personal injury attorney as soon as possible to evaluate your legal rights and options. With their knowledge and advocacy, you can navigate this challenging process and seek potential compensation for the harm you suffered. Call Newland & Newland, LLP at 847-797-8000 for a free consultation with local lawyers who value their clients and community.