Patients with no gallbladder who take Viberzi (eluxadoline) face risks of severe pancreatitis that could be deadly. People in Nevada who suffer adverse affects may be able to sue the drug's manufacturer for negligence and recover compensatory damages for:
- hospital bills and long-term care,
- lost earnings,
- loss of future earnings,
- pain and suffering, and/or
- wrongful death
Patients need to file their negligence lawsuit in Nevada no later than two (2) years after the injury. And chances are the patient will not have to go to trial since the majority of cases settle out of court.
In this article, our Nevada personal injury attorneys answer frequently-asked-questions about Viberzi lawsuits in Nevada, including negligence claims, standards of proof, and statutes of limitations. Click on a topic to jump to that section:
- 1. What can I do if I got injured by Viberzi in Las Vegas, NV?
- 2. What money can I get?
- 3. Whom can I sue?
- 4. How do I prove my claim?
- 5. When can I sue?
- 6. What is Viberzi used for?
- 7. Has Viberzi been recalled?
- 8. Resources
Patients without gallbladders who experienced pancreatitis after taking Viberzi may be able to sue the drug's manufacturer for negligence. In order to prevail on a negligence lawsuit, the plaintiff (victim) has the burden to prove the following four elements:
- The defendant(s) owed the plaintiff a duty of care;
- The defendant(s) breached this duty;
- This breach caused the plaintiff's injury; and
- This injury resulted in damages.1
A negligence lawsuit against Viberzi's manufacturer would claim that they failed to warn physicians that the drug increases the risks of pancreatitis in patients missing a gallbladder.
Viberzi increases the risks of painful and potentially fatal pancreatitis (inflammation) in patients without their gallbladder.
People who take both Viberzi and Crestor (rosuvastatin) face an increased risk of rhabdomyolysis (where muscle tissue breaks down and release proteins into the bloodstream that can cause kidney damage).
And people who take Viberzi with the following drugs face a possibly hazardous increase in the concentration of these drugs:
- certain SLCO1B1 inhibitors
- Lotronex (alosetron)
- Bismuth subsalinylate (i.e., Pepto-Bismol and similar OTC medications)
Plaintiffs can seek compensatory damages for:
- Medical bills (including everything from hospital visits and tests to follow-up appointments and home health care),
- Pain and suffering,
- Lost wages, and/or
- Loss of future earnings
Depending on the circumstances of the case, it also may be possible to recover punitive damages.
Viberzi victims may be able to sue the drug's manufacturer, Allergan.
The standard of proof that negligence plaintiffs have to meet is "the preponderance of the evidence." In other words, they have to show it was more likely than not that the defendant was negligent. In drug cases, typical evidence plaintiffs rely on include:
- The plaintiff's medical records, showing an inflamed pancreas after taking the drug
- Expert medical testimony that explains how taking the drug caused the inflamed pancreas
- Marketing materials that show the defendants failed to warn about the pancreatitis risks of Viberzi in patients missing a gallbladder
Learn more about proving negligence in Nevada.
Victims have two (2) years after they suffer an injury to sue for negligence.3
It helps treat irritable bowel syndrome with diarrhea (IBS-D) by activating the body's opioid receptors.4
Call a Nevada personal injury attorney...
Did Viberzi give you pancreatitis in Nevada? You may be entitled to a sizable financial settlement to cover all of your expenses, including pain and suffering. Call our Las Vegas personal injury attorneys at 702-DEFENSE (702-333-3673) for a FREE consultation. You pay us nothing unless we win, so it is risk-free.