Table of Contents
Elmiron, also known as pentosan polysulfate sodium (PPS), is currently the only oral drug approved by the U.S. Food and Drug Administration (FDA) to treat the pain of interstitial cystitis (IC). Beginning in 2018, a number of studies have indicated that Elmiron causes permanent eye damage. After individual lawsuits accumulated, a mass tort lawsuit was launched against drug manufacturer Janssen, a subsidiary of Johnson & Johnson.
What Was Elmiron Designed to Do?
Elmiron was originally designed to treat bladder pain and discomfort associated with Interstitial Cystitis (IC). IC is a chronic condition, affecting mostly women, that causes bladder pain. Although no one is quite sure exactly how Elmiron relieves the symptoms of IC, it is known to work as a mild anticoagulant. At present, Elmiron is not available in generic versions. Hundreds of thousands of people have used Elmiron, however, primarily women who use it long-term.
Complaints About Elmiron
From 1996 to 2020, users filed hundreds of complaints with the FDA over vision loss and other eye problems. Meanwhile, since 2018 study after study has linked Elmiron to retinal pigmentary maculopathy and irreversible vision damage.
The plaintiffs in the Elmiron mass tort lawsuits accuse Janssen Pharmaceuticals of failing to warn users about the risk of eye damage prior to June 2020. Until then, Janssen Pharmaceuticals listed Elmiron’s side effects but did not warn about the risk of vision damage. Elmiron is still on the market, but the current prescribing information includes a warning about retinal pigmentary maculopathy.
Maculopathy is a disease of the macula. The macula is the part of your retina that is responsible for your central vision, most of your color vision, and fine detail. The retina as a whole allows you to see by sensing light and sending signals to the brain, which forms 3D color images in response. Naturally, damage to the macula harms your vision. Indeed, maculopathy is the most common cause of blindness.
Symptoms and Progression
The most common symptoms reported in the studies linking Elmiron with vision damage were reading difficulty and difficulty adjusting to dim lighting. Other symptoms included:
- Patches of vision loss in the field of vision (paracentral scotoma);
- Difficulty seeing objects that are close to the eye; and
- Vision dimming.
These symptoms are, unfortunately, quite common among long-term Elmiron users. A recent study found that about one in four long-term users suffered vision problems and retinal damage. Vision loss is reversible if you catch it early and stop taking Elmiron. If the condition proceeds to its later stages, however, the vision loss may be permanent. Anecdotal evidence suggests that degeneration can continue even after stopping the use of Elmiron.
So far there has been no recall of Elmiron.
What is a Mass Tort?
Since courts hear an excessive number of lawsuits, the legal system has devised innovative ways of conducting litigation more efficiently. “Mass tort lawsuits” are for a multitude of cases with similar facts. This term refers to either of two of these innovations: class action lawsuits and multidistrict litigation (MDL).
- A class action lawsuit is a single lawsuit that is binding upon every potential claimant except those who specifically opt out. The results of the lawsuit are binding upon those who do not opt out, even if they never join the lawsuit and never receive any funds.
- MDL, a federal law innovation, involves many lawsuits that are consolidated. The MDL proves certain facts in common, such as general causation (“XYZ pharmaceutical causes skin cancer”, for example). The results are binding on all of the claimants, but not on potential claimants. Claimants must still file their own claims and prove their cases with respect to the rest of their claim (the exact amount of their damages, for example).
MDLs are usually better for claimants because damages awards can be much higher.
Status of Elmiron Lawsuits
After dozens of Elmiron lawsuits were filed throughout the United States, the need for MDL became obvious. On December 15, 2020, the United States Judicial Panel on Multidistrict Litigation created an MDL for the 130 or so Elmiron cases filed in federal court so far.
All Elmiron MDL cases have been transferred to the District of New Jersey to try the issues that are common to all of the cases. Judge Wendy Beetlestone will oversee most of these cases. The attorneys involved expect the litigation to expand, perhaps to include up to a thousand claimants.
Do You Qualify for an Elmiron Lawsuit?
If you have taken Elmiron for at least two years, you might qualify to take part in an Elmiron lawsuit. In a best-case scenario, you could walk away with a significant sum of money. Your participation could be particularly useful if you are still taking Elmiron (or stopped using it recently). To qualify for compensation, of course, you will need to prove that you suffered symptoms such as:
- Blurred vision;
- Distorted vision;
- Reading difficulties;
- Blind patches in your field of vision;
- Loss of vision;
- Weak night vision;
- Eye pain;
- Macular degeneration;
- Pigmentary maculopathy; and/or
- Retinal maculopathy;
If you suffer from any of these symptoms, they may be traceable to Elmiron if they emerged while you were using Elmiron or within a year afterward. You may need to visit a physician to confirm a diagnosis of pigmentary maculopathy.
If you qualify for a lawsuit or appear to be a good prospect, you will probably need to participate in a few telephone conferences with a pharmaceutical injury attorney. You will need to inform your attorney of certain background information, including the names of your doctors and which medications you take.
Elmiron lawsuit settlement amounts
One of the first questions potential clients have about Elmiron is – what do the cases settle for? This is a logical question for people that are concerned about medical bills after injury from a defective drug. However, be careful with what you read on the internet. As I write this, Elmiron litigation is very much active and no cases have settled, therefore it is impossible to know the settlement amounts. Furthermore, if Elmiron cases were to settle, the agreements would be confidential. Be very careful with any law firm that promises a certain amount of money for an Elmiron settlement.
Should you pursue a case, you will not owe your attorney any money, until and unless you receive a recovery after the lawsuit is over.
If that happens, your lawyer will take a certain pre-agreed percentage of your recovery. If you receive no recovery, you will owe nothing. Your lawyer will even pay the expenses of litigation upfront. Ultimately, you have nothing to lose. Get in touch with an experienced attorney today.