How much an Ozempic lawsuit is worth depends on the severity of the plaintiff’s damages. For instance, a plaintiff in Naperville, IL, with serious losses from gallbladder injuries that Ozempic caused could receive a settlement of $500,000 or more. Ozempic lawsuits, which tend to revolve around product liability, are relatively new. Formal standards for what to expect do not exist yet.
Ozempic losses can take many forms. They often cause mounting medical bills, missed work, and pain and suffering. Call product liability attorneys Chute, O’Malley, Knobloch, and Turcy at 630-412-4747 if Ozempic caused you to suffer.
Time limits for product liability cases do apply, so meet with attorneys as early as possible. You generally have two years from the date of an injury to file a case in Illinois.
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What Factors Determine the Value of an Ozempic Lawsuit in Illinois?
About one in eight American adults have used a GLP-1 agonist such as Ozempic. With Illinois having an adult population of nearly 10 million, more than 1.2 million adults in the state may have used Ozempic or similar medications to manage diabetes or lose weight. Some people suffer extensive damages after the use of this medication.
Seriousness of Injuries
Factors such as these can directly affect how much an Ozempic lawsuit is worth:
- How much medical intervention was/is/will be necessary
- The amount and types of surgeries required
- What the ongoing treatments are
- Future medical care needs
Ozempic can have side effects such as gastroparesis, which affects the stomach muscles. This condition prevents proper stomach emptying. Similarly, some Ozempic users report gallbladder issues such as acute gallbladder disease, biliary diseases, and gallstones.
Plaintiffs with medical intervention to address gastroparesis, acute gallbladder disease, or other long-term complications may be eligible for a higher amount of damages in their lawsuits.
Legal Representation
The skill and experience of the plaintiffs’ lawyers play a huge role in the value of an Ozempic lawsuit. For example, attorneys who focus on pharmaceutical litigation will be better at calculating and proving damages in a lawsuit versus lawyers who deal with general personal injuries. A focus on pharmaceutical litigation or business torts means higher compensation for plaintiffs.
Whether It’s a Class Action or Individual Case
Class action lawsuits consolidate multiple individual claims into one legal action. The total settlement gets divided among all members in a class. These payouts may be smaller compared with what one plaintiff might receive in a single lawsuit.
Class action lawsuits involve less risk and can be more appropriate for plaintiffs who have suffered similar harm. They offer a way for the various plaintiffs to combine resources. If you discuss your case with lawyers, they can clarify whether your action might be more appropriate as part of a class action or as an individual lawsuit.
Medical Expenses
Medical expenses are another determinant in how much an Ozempic lawsuit is worth. These expenses commonly include hospitalizations, surgeries, medications, therapies, and other medical costs. Plaintiffs can use medical records and expert witness testimony to prove that their medical expenses stemmed from Ozempic injuries.
Lost Wages and Earning Potential
Plaintiffs dealing with Ozempic injuries often must take time off from work or cannot work at all. This can mean a drastic drop in income as well as missed promotions and diminished future earning capacity.
For instance, a plaintiff might be unable to do his or her job at the same level as previously, or might not be able to perform any work. These factors go into the value of an Ozempic lawsuit and involve calculating income history, the nature of a plaintiff’s job, and the plaintiff’s employment records.
Pain and Suffering
Pain and suffering in Naperville includes both physical and emotional pain. Pain and suffering can be tougher to quantify than a factor such as lost income, but personal testimonies and psychological evaluations can help show how the injuries affected the plaintiff’s quality of life. They also demonstrate the severity of the pain and the length of the suffering. Discussing your case with a lawyer as soon as possible is a good way to learn about the available product liability damages in your situation.
Punitive Damages
The aim of punitive damages is to punish the defendant for egregious or negligent behavior to deter the defendant and others from such acts in the future. If plaintiffs have compelling evidence of intentional harm or egregious or negligent behavior, it could increase the value of an Ozempic lawsuit.
For example, in some product liability lawsuits, the plaintiff has internal documents or testimony from former employees revealing that the manufacturer knew about harms but did not sufficiently warn consumers and kept marketing a drug. This could be egregious behavior because the manufacturer did not perform further studies about the drug’s safety or did not update the warning label.
It could be intentional harm as well, with plaintiffs arguing that the company focused on profits over consumers’ safety. As far as negligent conduct, plaintiffs could say that despite executives being warned about the safety risks, they took no action, essentially ignoring consumers’ safety.
For example, before March 2022, Novo Nordisk did not provide warning labels on Ozempic about the increased risk of gallbladder issues. A case may be stronger for consumers who took Ozempic before this date and suffered gallbladder injuries, but much depends on the nuances of each case.
The jury might decide to impose punitive damages to deter pharmaceutical companies from such behaviors in the future.
Legal Process for Filing an Ozempic Lawsuit in Illinois
To file an Ozempic lawsuit in Naperville, consult with attorneys who focus on business torts or pharmaceutical litigation. Each attorney assesses your case, including your history of Ozempic use, your medical records, and your injuries or damages.
Don’t overlook the importance of timely legal consultation after an injury. The Illinois statute of limitations generally gives people two years from the date of an injury to file a personal injury lawsuit. Consumers may not get any damages if they wait past this timeframe.
In other words, how much an Ozempic lawsuit is worth could be zero if the statute of limitations has passed. However, exceptions may apply, and companies sometimes settle cases even after the statute of limitations. It never hurts to consult with a lawyer, but doing so as quickly as possible within the statute of limitations is much better for the case.
The statute of limitations aside, quick action helps preserve the evidence as best as possible, especially since witnesses’ memories become less reliable over time. Acting quickly can also give you direction in a time of trauma and shock, and help the integrity of your case.
After attorneys accept your case, they work with you and others to gather evidence such as medical records and documentation of various damages such as lost earning potential. Attorneys also find medical experts to support the claims in the case. Attorneys draft and file the complaint. It may explain the allegations against the drug manufacturer.
The next phase is discovery, where both sides exchange information and perform depositions or interrogatories. Settling out of court is common, and settlement negotiations in a case can happen at any stage. A case proceeds to trial if settlement does not happen. A jury hears the evidence and the arguments, and makes decisions about liability and damages.
Types of Damages Awarded in an Ozempic Lawsuit
Defective product lawyers typically seek several types of damages after they determine how much an Ozempic lawsuit is worth. These damages include compensatory damages for medical expenses, loss of earning capacity, and other economic losses. These compensatory damages can also include non-economic damages for pain and suffering, loss of enjoyment of life, and loss of consortium.
Punitive damages may be awarded too, depending on the case, but they are relatively rare. Overall, common damages awarded include:
- Medical expenses: For past, present, and future medical treatment related to the Ozempic injury
- Lost wages and loss of earning capacity: For income lost due to the inability to work and earn income
- Out-of-pocket expenses: Transportation costs for medical visits and other costs the plaintiff incurred due to the injury
- Pain and suffering: For the plaintiff’s physical pain and emotional distress
- Loss of enjoyment of life: For the inability to enjoy activities, hobbies, or other parts of life the plaintiff enjoyed before the injury
- Loss of consortium: For a spouse or family member who lost companionship and support
Have you suffered Ozempic damages? Contact us today at Chute, O’Malley, Knobloch, and Turcy.