You may be wondering about the value of your case if you are planning to file a lawsuit over some health issues caused by Zantac. This popular heartburn/acid reflux medication, which has been recalled over potentially dangerous levels of a known carcinogen, has set off such a condition as cancer. Can you cover or claim any settlement over specific losses or what particular compensation will a court award over health problems tied to Zantac?
Calculating Damages in a Zantac Case
Understanding the extent and nature of the injured person’s damages is the starting point to figure out the value of a claim over the safety of Zantac, as with any injury-related case. In the lawsuit, the defendant pays for the damages. A pharmaceutical company such as Sanofi, Novartis, GlaxoSmithKline, or others that manufacture Zantac as well as other ranitidine products, are the defendant in these cases. Also, those that can share a specific measure of liability are others in the supply chain.
The money you receive is considered damages whether you receive a judgment in your favor after a trial or your case settles out of court. You can learn more about how medical malpractice attorneys handling medication errors in West Palm Beach, Jupiter, and all of South Florida can help you if you are a victim of Zantac.
There are some common categories of damages and how some of them may affect the value of a lawsuit against Zantac or ranitidine.
Pain and Suffering Associated with Zantac or Ranitidine Case
Suffering and pain are not quite easy to quantify even though economic losses such as lost income and medical bills can be relatively easy to calculate. However, in an injury case, this category of damages is indeed crucial to determine how much you can expect to receive. Also, for a Zantac or ranitidine lawsuit, it is a critical component.
The two types of pain and suffering are:
- Mental pain and suffering – this angle is the subjective psychological impact of your health issue. Mental pain and suffering include sleeplessness, shock, anxiety, humiliation, anger, fear, loss of enjoyment of life, emotional distress, anguish, as well as other adverse effects.
- Physical pain and suffering – this is a discomfort caused by cancer or other health conditions such as pain that results from the course of care necessary to diagnose and treat the situation accurately.
Lost Income and Diminished Earning Capacity
If you have been affected by your ability to earn a living or you have been forced to take time off from your job as a result of health problems caused by a cancer diagnosis or other Zantac or ranitidine-related conditions, the economic harm is what will be factored into your damage.
Because of your health issues, you will be entitled to compensation for any income that you have lost as well as those you would have earned in the future but now won’t. the characteristics of an award based upon the future income, otherwise known as legalese, serves as compensation for you as the injured individual’s “diminished earning capacity” or “loss of earning capacity.”
Cost of Past and Future Medical Care
If you settle your case or win as a plaintiff, some of the compensation for your damages includes:
- Any care you will require in the future
- Any medical treatment you have received as a result of health issues based on your use of the product
Accepting an injury settlement if the full impact or extent of your medical complications isn’t clear to you may not be in your best interest. And until both of you have a clear picture of this component of your damage, your attorney will almost certainly want to wait. This is because even if you later learn that the health issues caused by your use of Zantac are worse than you first believed, you can’t go back to open your claim again after you accept an injury settlement.
Make the Most of Your Zantac Claim
If you are having severe health problems as a result of Zantac use, you can contact an experienced medical malpractice attorney at Fetterman & Associates, PA. Our medical malpractice attorneys are committed to ensuring that you receive the compensation you deserve.