Compensation from a Xeljanz lawsuit aims to cover all of a victim's setbacks and losses that are associated with the severe side effects of Pfizer's drug, Xeljanz. While many people think that this only covers the medical expenses they have already accumulated, it actually goes much further than that, and includes:
- Medical expenses, both in the past and those that are anticipated in the future,
- Pain and suffering,
- Lost wages and other missed income, including an inability to earn an income in the future, and
- Loss of consortium for the victim's family.
The lawyers at the Shouse Law Office represent people who want to file a Xeljanz lawsuit, pursue the compensation they need and deserve, and hold Pfizer accountable. In this article, they discuss:
- 1. What kind of compensation is available in a Xeljanz lawsuit?
- 1.1. Past and future medical expenses
- 1.2. Professional setbacks and lost wages
- 1.3. Physical pain and mental suffering
- 1.4. Loss of consortium for a victim's family
- 2. Wrongful death claims related to Xeljanz
- 3. Punitive damages in Xeljanz lawsuits
1. What kind of compensation is available in a Xeljanz lawsuit?
People who have taken the popular arthritis pill Xeljanz and suffered some of its severe side effects are entitled to compensatory damages that aim to make the victim whole, once again. Because the law cannot undo the injuries caused by Xeljanz, it has to make amends by forcing Pfizer, Xeljanz's manufacturer, to pay compensation for the losses their drug has caused.
These losses can be quite substantial, as the severe side effects of Xeljanz include such serious conditions as:
- Blood cancer, including Lymphoma,
- Pulmonary embolisms, or blood clots that enter the lungs, and
- Liver damage.
If you have suffered from any of these side effects, it would be unfair to expect you to cover the costs of your recovery out of your own pocket. Xeljanz lawsuits seek compensation from Pfizer for:
- Medical expenses that have already been paid,
- Anticipated medical bills for future care related to the side effects of Xeljanz,
- Lost wages, for people who earned a salary and were forced to miss work,
- Lost business opportunities or other income, for those who make a living in less traditional ways,
- Future income and earning capacity lost by people who were not working at the time of their injuries,
- Compensation for physical pain,
- Compensation for emotional and mental suffering and anguish, and
- Loss of companionship for the family of the victim.
1.1. Past and future medical expenses
The core claim in Xeljanz lawsuits is that the manufacturer Pfizer should pay for the medical expenses you have accrued to treat side effects caused by the drug.
The side effects that Xeljanz can cause can be severe and even life-threatening. The medical care required to treat these complications can be extensive and extremely expensive. In some cases, particularly when you suffered a pulmonary embolism, the emergency care can cost thousands of dollars. Worse, complications from these side effects can last for years – far longer than the statute of limitations allows for you to file a Xeljanz lawsuit.
This is why personal injury law allows you to estimate the cost of the medical care you are likely to need in the future and recover compensation for it before you pay it.
1.2. Professional setbacks and lost wages
Recovering from the severe medical conditions that Xeljanz can cause will likely hold you out of work for a considerable amount of time. It can also be devastating to your career. A successful Xeljanz lawsuit can recover compensation for these professional setbacks, as well.
For victims who earn a salaried income, determining the professional losses associated with Xeljanz's side effects is the easiest. By figuring out how many hours you lost at work while you were recovering and multiplying by your hourly wage, you can estimate the amount of income you lost because of the side effects of Xeljanz. You can then factor in wage increases and anticipated promotions to get a more definite number.
For people who earn an income in less traditional or certain way – like business owners, freelancers, and workers whose income is based on commission – this portion of your compensatory damages can be more difficult. However, a skilled attorney can find and present the evidence appropriate to your circumstances and show how much your career has suffered because of the side effects of Xeljanz.
Finally, victims of Xeljanz who were not working at the time they got hurt are not left with nothing. After all, they still had the capacity to earn a living, were it not for the side effects of Xeljanz that they suffered. A successful Xeljanz lawsuit can recover this reduced earning capacity, as well.
1.3. Physical pain and mental suffering
While the pain and suffering you have been put through by Pfizer is difficult to express in a dollar amount, that does not mean you did not experience any. The compensatory damages that you can recover in a Xeljanz lawsuit include compensation for both.
The physical pain that you have experienced from the side effects of Xeljanz can be quite significant, especially as it includes the pain and discomfort of the treatments necessary to overcome the medical conditions that Xeljanz has caused. Because you would not have felt this pain, were it not for Pfizer's drugs, Pfizer should be made to compensate you for it.
The suffering that you have experienced is more complicated, because it includes the mental anguish of having a life-altering medical condition through no fault of your own. For people whose life expectancies have shortened due to the side effects of Xeljanz, the compensation they deserve should include the traumatic knowledge that they have lost years of their lives.
1.4. Loss of consortium for a victim's family
People who suffer from the side effects of Xeljanz are likely to have family or loved ones who are suffering with them. Because this is very foreseeable, the compensatory damages that a successful Xeljanz lawsuit can earn would include compensation for the anguish suffered by the victim's family.
2. Wrongful death claims related to Xeljanz
Many of the side effects of Xeljanz can be fatal. If they are, that does not mean that Pfizer should be allowed to escape liability. However, it does mean that the compensatory damages that a subsequent Xeljanz lawsuit pursues aims to help the victim's loved ones, rather than the victim.
Every state has its own wrongful death statute that allows a victim's loved ones to file a lawsuit on behalf of the victim. However, each state handles the details of these claims very differently. Most, though, include compensation for:
- Loss of consortium suffered by the victim's loved ones,
- Loss of the financial support that the victim could have provided, were it not for the fatal side effects of Xeljanz, and
- Funeral expenses.
3. Punitive damages in Xeljanz lawsuits
Punitive damages are awarded not to make a victim whole after suffering injuries that were not their fault, but to punish the defendant for especially wrongful conduct. Many mass tort claims over defective drugs pursue punitive damages because pharmaceutical companies are often found to have covered up evidence of the dangers of their drugs in order to maximize their profits.