Once your case against Merck has been established the next question clients commonly ask is, “What amount of compensation can I expect to from a lawsuit against Merck?”
We can answer by telling you two things you want to know: the kinds of damages you are eligible for in a lawsuit and past jury awards in similar cases.
Mass tort cases such as those involving defective drugs allow plaintiffs to recover two types of damages: economic losses and non-economic losses. Economic losses are those the plaintiff can easily quantify, including any money the plaintiff paid to others for care and any money the plaintiff would have received had he or she not been injured. Here are the most common examples:
Medical Expenses: If you paid any bills to doctors or hospitals, transportation costs to get you to them, costs for physical therapy or hired caregivers, and items like canes and wheelchairs, you can require Merck to pay for them provided you can produce documentation that you paid them. If you will need assistance in the future, you can claim that too.
Lost Wages: Any time you missed at work or profits lost from your business are economic losses. If your Fosamax disability is ongoing or permanent, you can claim those damages as well.
Non-economic losses do not require the plaintiff to produce receipts and other documentation because they have to do with physical anguish and emotional suffering. Again, here are examples.
Pain and Suffering: You can demand Merck compensate you for the physical pain you have endured. You do not need to think it is right or just to place a monetary value on the pain you should never have undergone in the first place, but the civil justice system is designed to make you as whole as possible. Parties try to calculate these damages based on what people received in similar cases in the past. Such damages vary by how much the jury sympathizes with the plaintiff.
Loss of Consortium: If you are married, it is probable that your injury has negatively impacted your relationship with your spouse. Any problems with companionship, emotional support, and reduced sexual relations can be included in these damages. Your spouse can claim them against Merck too.
Currently, lawyers are filing hundreds of lawsuits against Merck. As of now, we cannot tell you the amount of compensation you may expect from a Fosamax femur lawsuit. Although, with Fosamax ONJ cases, the damages can range into the millions.
The Rottenstein Law Group cannot guarantee specific settlement or trial outcomes for your case. Nor can we give you a precise estimate of the amount of damages for which you may be eligible without speaking with you. This reality should not discourage you from consulting with one of our lawyers to take up your case against Merck. Complete our contact form here for a free initial consultation.