Damages in a SJS / Defective Drug Lawsuit
A defective drug or medical device case or lawsuit against a large pharmaceutical company is a very serious undertaking, and there may be other potential defendants in the distribution chain that share in the liability including the distributors. It is because of that, that much pre-lawsuit research, investigation and discovery much occur. Drug, or product liability litigation requires an experienced attorney who is familiar with filing suit against pharmaceutical companies and those responsible. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. Our Law Firm has handled hundreds of personal injury claims, drug cases, class action lawsuits and individual lawsuits and product liability injury cases and we would like to represent you. Let our Law Firm fight for you and your legal rights.
Types of Damages
Another component of a product liability lawsuit is the recovery of damages for the injured clients. Awarded in civil actions, personal injury damages are monies allotted to those who have been wrongfully injured by someone else. Damages are intended to help restore the victim physically, emotionally, mentally and financially. The two main types of personal injury damages are compensatory damages and in limited circumstances, exemplary or punitive damages.
Actual or Compensatory Damages
Compensatory damages, both in the past and future, which are sometimes referred to as actual damages, cover all financial expenses and physical injuries and losses associated with personal injury including but not limited to the following:
- Physical Pain
- Mental Anguish (Emotional distress)
- Pain and suffering (grief, anxiety, humiliation, or depression)
- Past & Future Physical Disfigurement (Scaring)
- Medical bills
- Permanent disability
- Blindness or Partial Loss of Vision
- Mental impairment
- Loss of Earnings / Loss Wages
Wrongful Death Damages in a Dangerous Drug Lawsuit
Wrongful death is under tort law and is designed to compensate for harm to a person resulting in death. A wrongful death lawsuit holds that the decedent died as a result of negligence or other liability, and that the surviving dependents or beneficiaries are entitled to monetary (money) damages as a result of the defendant's negligent or gross negligent conduct. If the defendant is found grossly negligent, then the jury or judge can award punitive damages. Each state in the United States has is own wrongful death statutes or wrongful death laws that govern wrongful death claims and wrongful death lawsuits.
Punitive or Exemplary Damages
Often called exemplary damages, punitive damages are typically awarded to the plaintiff in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive. Punitive damages are awarded to punish the offender and to deter others from engaging in similar actions. Punitive damages or exemplary damages are often awarded in cases where the defendant's action amount to gross negligence in those cases where the defendant acted with conscious indifference to the rights and safety of others or the actions were the result of the defendant's wanton, willful disregard as to the safety of others and for intentional behavior. If it can be proved that the makers of a drug knew it was defective or dangerous to the users for many months or years before it was recalled, then the those defendants may be held liable for punitive damages or gross negligence.
How much can a SJS / TENS Victim receive in personal injury damages?
Personal injury damages are determined on an individual, case-by-case basis. If settled out of court, then it is an amount agreed to by the injured victim or surviving family. If the case doesn't not settle and goes to trial, the the amount is decided by the jury but can be reviewed by the court. If a judge feels that the amount of damages is excessive, he or she can order remittitur, a process in which the punitive damages are reduced without a new trial or appeal. If a judge feels that the amount of damages is inadequate, he or she can order additur, whereby punitive damages are increased without a new trial or appeal. If you have any questions, please call us.
