What Damages Can I Recover in a Defective Drug Case?

Defective drugs can have life-altering effects. In far too many cases, patients suffer serious complications that negatively impact their health for weeks, months or years—and in some cases the rest of their lives. In these cases, it is essential that patients seek the financial compensation they deserve, and this starts with talking to a defective drug lawyer about their legal rights.

When you talk to an experienced defective drug lawyer, your lawyer will help you make an informed decision about whether to take legal action. Along with determining if you have grounds to take legal action, this will involve assessing the damages you may be entitled to recover.

5 Types of Damages in Defective Drug Cases

As we discuss below, if you have a defective drug case, the damages you are entitled to recover depend on your individual circumstances. However, in all cases, patients’ damages can be divided into five main categories. These categories are:

1. Medical Expenses and Other Out-of-Pocket Costs

Patients who have defective drug claims are entitled to compensation for all medical expenses and other out-of-pocket costs they incur as a result of their complications. This includes the costs of diagnosing and treating their complications, as well as the costs of therapy, inpatient hospital services, medical transportation and any other necessary expenses.

In many cases, patients who suffer serious complications from defective drugs will require ongoing care. If you have a defective drug case, you are entitled to compensation not only for the costs you have already incurred, but for your future costs as well.  

2. Lost Income, Benefits and Future Earning Capacity

Patients who have defective drug claims are also entitled to compensation for their lost income, benefits and future earning capacity. If your complications from a defective drug restrict your ability to work (or prevent you from working entirely), your lost earnings—present and future—could account for a significant portion of the damages you are entitled to recover.

3. Physical Pain and Suffering

Along with their financial losses, patients who have suffered complications caused by defective drugs are entitled to compensation for their non-financial losses as well. This is compensation above and beyond the costs of necessary medical care. If you have a claim, your defective drug lawyer will be able to determine what constitutes “just” compensation for your pain and suffering—both now and in the weeks, months or years to come.

4. Emotional Distress and Other Non-Financial Losses

Non-financial damages in defective drug cases also include compensation for emotional distress, loss of companionship, loss of consortium and loss of enjoyment of life. Here too, this is compensation above and beyond the costs of necessary care. While no amount of money may ever truly compensate for the consequences of the complications you have experienced, there are methods for calculating “just” compensation for these losses as well.

5. Punitive Damages (in Appropriate Cases)

Punitive damages are available in some—but not all—defective drug cases. While the damages discussed above are intended to compensate patients for their losses, punitive damages are intended to punish the drug companies for particularly egregious conduct. When you talk to an experienced defective drug lawyer about your case, your lawyer will be able to assess whether a claim for punitive damages is warranted.

Calculating Your Damages in Your Defective Drug Case

While all patients who suffer complications caused by defective drugs are generally entitled to the same types of damages, the amount of damages available in any particular case depends on the patient’s unique circumstances. To calculate your damages in your defective drug case, your lawyer will need evidence including:

• Medical Records and Employment Records – Your medical records will be important not only for calculating your medical expenses now and in the future, but also for documenting the physical and psychological effects of your diagnosis. If you have a claim for lost earnings and lost earning capacity, your employment records will be key evidence for calculating your losses as well.
• Expert Opinions – Along with your medical records and employment records, calculating your present and future losses may also involve working with medical specialists, financial planners and other experts. Your defective drug lawyer will be able to engage with these experts on your behalf, and you will not have to pay for their services out-of-pocket.
• Your Notes, Photos and Videos – While it can be difficult, it is important to do your best to document the day-to-day effects of your diagnosis. If you can take notes, photos and videos to document all of the various ways your diagnosis negatively impacts your life, your lawyer will be able to use these to seek maximum compensation on your behalf.
• Statements from Friends and Family – Statements from friends and family members can also be valuable evidence for proving the non-financial costs of patients’ complications from defective drugs. Here too, your lawyer can take the steps necessary to obtain the evidence needed for your case.
• Any Evidence that Supports a Claim for Punitive Damages – If you have a claim for punitive damages, proving your right to these damages (and the amount of punitive damages that is warranted) will require additional evidence. As discussed above, unlike your other damages, these damages are based on the egregiousness of the drug company’s wrongdoing—not your financial or non-financial losses.

These are just examples. If you have a defective drug case, the specific types of evidence your lawyer will need will depend on your individual circumstances. While calculating the value of your claim requires time and effort, this is an important step in the process, and it will be worth it to make sure you are seeking the full damages you deserve.

Schedule a Free Consultation with a Defective Drug Lawyer at Searcy Denney

Do you have a defective drug case? If you have been diagnosed with complications linked to a prescription or over-the-counter medication, we strongly encourage you to speak with a defective drug lawyer at Searcy Denney about your legal rights. For a free, no-obligation consultation, call us at 800-780-8607 or tell us how we can reach you online today.