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The Link Between Elmiron and Loss of Consortium

— March 28, 2022

If you have taken Elmiron and have suffered losses due to retinal damage, your doctor can recommend that you undergo a macular degeneration treatment.

Elmiron is a drug prescribed to patients suffering from chronic kidney disease and uremia as it helps control the loss of protein in the urine. However, there have been reports of people who have experienced severe side effects while on the drug. In addition, the drug has been discovered to cause severe damage to the retinas in the eye.

Patients who have taken the medication for longer than the recommended treatment period have reported experiencing difficulties with their vision. For a few patients, their visual acuity has been permanently affected. They were forced to quit working since they could no longer see clearly or read. The signs include:

  • Difficulty reading
  • Difficulty adapting to dim lighting
  • Blurred vision (often centrally in the patient’s field of vision)
  • Dark spots in the center of vision
  • Straight lines appearing curved or squiggly
  • Muted, less vivid colors

Loss of consortium is defined as a legal term that refers to an injury where one spouse suffers harm or interference with their relationship with their spouse because they have been deprived of society, companionship, and moral support that they would otherwise have enjoyed. The courts use the term loss of consortium to refer to the injuries inflicted on them. The definition of loss of consortium is very broad, as it is not easy to define in legal terms. However, there are some characteristics attached to the loss of consortium:

  • A loss of consortium must involve harm or interference to the individual’s relationship with their spouse.
  • The injury must result from deprivation or interposition between the married persons.
  • It must be an injury that arises out of an unlawful act and not necessarily a fault on the part of one spouse.

The Link Between Elmiron and Loss of Consortium

The link between Elmiron and loss of consortium is that the drug has been proven to cause damage to a patient’s central visual system, which directly impacts their vision. This is quite similar to other non-economic damages one can seek. Since a person who suffered Elmiron injuries experienced vision loss and blindness, a case can be made for loss of consortium. A personal injury attorney can provide evidence that one spouse did not receive the support and companionship they should have had with their spouse due to another person’s actions. In this case, it is the fault of the drug manufacturer who developed Elmiron.

A visually impaired woman using an auditory output device; image by CDC, via
A visually impaired woman using an auditory output device; image by CDC, via

However, unlike the loss of consortium cases where an injury has been inflicted on the injured spouse, this type of injury happens because of a voluntary act by the patient. In addition, the patient had known short-term side effects but no long-term problems in this case. 

However, when the drug was introduced to the market for use in chronic kidney disease and uremia patients (CKD & UREMIA), it became a problem for some patients administered Elmiron. Since patients can no longer work after taking Elmiron for a longer period, they must seek compensation for their losses.

Therefore, the drug manufacturer, Elmiron, should be held responsible for causing the patient damages; victims can file a lawsuit against the company that produces this drug. In addition, they may claim that since there are other medications available on the market, it would have been easy for them to choose one that does not cause damage to retinas. This will prevent patients from going blind or experiencing difficulties with their vision.

Elmiron Compensation

If you have taken Elmiron and have suffered losses due to retinal damage, your doctor can recommend that you undergo a macular degeneration treatment. You and your family can also seek Elmiron compensation for these losses by filing a lawsuit against the pharmaceutical company that produces the drug Elmiron.

If you have evidence that the injuries were caused by negligence or misconduct, then your case may be successful. Unfortunately, finding the truth about the company’s negligence and fault can be difficult. Nevertheless, many different cases are out there involving this drug, and you can join the legal action against the manufacturer. However, suppose you can document your Elmiron experiences in a personal journal and link them with the loss of consortium definition. In that case, your attorney could use your log entries to strengthen your case.

With the help of medical experts and a team of legal representatives, you may have more success in securing economic and non-economic damages. Based on previous major drug settlements, here is what to expect:

Vision Impairment Level – Settlement Range

  • 80% – 100% – $750,000 – $1,000,000
  • 40% – 80% – $350,000 – $700,000
  • 20% – 40% – $75,000 – $200,000
  • Under 20% – $25,000 – $50,000

The development of the legal claim of loss of consortium is difficult since many different factors are at play. The main goal of the courts is to unravel injuries that have been inflicted on spouses due to someone else’s negligence or misconduct. However, it is not very easy in practice to determine what amount would be fair to award as compensation for this type of injury. In some cases, a different financial award will be offered than originally expected. Don’t despair yet. You are not alone, and, with the right legal assistance, you could get the compensation you deserve for all your injuries, physical and psychological. 

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