Zantac (or ranitidine) was once one of the world’s most popular over-the-counter drugs, sold as a simple, no-frills solution to heartburn, gastric reflux, and other painful stomach issues. Unfortunately, it may have done more harm than good to consumers, as the drug was pulled from market shelves this past April after the FDA probed its associations to NDMA, a chemical compound found in rocket fuel that’s a known probable carcinogen.
If you or a loved one has suffered from cancer that you suspect may be linked to Zantac use, you’re likely entitled to compensation. But how exactly do you determine the value of your settlement or court award? How do you assess the total veracity of your damages? Your best course of action is to consult with an experienced Fargo personal injury lawyer.
As with any personal-injury settlement, figuring out a claim’s value begins by figuring out the total value of your damages. Categories of damages that the defendant (in this case, GlaxoSmithKline or a generic Zantac manufacturer) may have to pay you include:
- Medical expenses: Treatments are an ongoing struggle, aren’t cheap, and even if you think you’re out of the woods, cancer could still escape remission and come back to haunt you. It’s best to take stock of your present and anticipated healthcare expenses with the help of your attorney.
- Lost wages: If Zantac-linked cancer has limited your ability to earn a living, then lost income is another loss that you’re entitled to receive compensation for.
- Physical and mental anguish: Par for the course with cancer, it can spread and negatively impact your life in more ways than one. Physical pains that accompany cancer and treatment, emotional pain and adverse mental health effects resulting from your condition, and loss of consortium (relationships) and enjoyment of life are all damages you’re entitled to.
To back up the strength of your claim, save all checks, receipts, prescriptions, bills, and other records proving these damages. From there, don’t agree to a settlement offer before you have the guidance of an experienced attorney.
How Your Claim Could Be Undermined
The payout from Zantac settlements is expected to be huge and not fully resolved until 2022, with most cases being consolidated into a mass tort claim in Florida. Average payouts are expected to range anywhere from the hundreds of thousands to millions. But because courts operate under a “duty to mitigate” rule to minimize the financial impact of the defendant’s harm, that could, unfortunately, leave elbow room for the defendant to argue against your settlement’s value.
For instance, if they’re able to argue (in good or bad faith) that you failed to seek treatment in time, your final settlement’s worth could be greatly reduced. If you don’t have the ample legal resources to challenge them (which is difficult to do alone against a pharmaceutical conglomerate), they may feel less pressured to give you the compensation you deserve.
Let Our Fargo Personal Injury Lawyers Help You
It’s imperative to enter your Zantac battle with quality legal assistance, and in Fargo and the greater Midwest, our legal team provides that level of representation. To get skilled personal injury attorneys in your corner, email Tim O’Keeffe, Tatum O’Brien, or Sara Monson, or give the O’Keeffe O’Brien Lyson Attorneys team a call (701-235-8000, 877-235-8002 toll-free) to arrange a free initial consultation.