Damages are specific to individual cases and depend greatly on how you were injured, what your medical and other costs were, and your particular level of pain and suffering. If your case was successful, you would be entitled to special damages and general damages. Special damages are your medical and other out-of-pocket expenses incurred as a result of the use of Bextra. For example, if you suffered a stroke, your damages would include your hospital and doctor bills, ambulance, medicine, lost wages, future medical expenses, rehabilitation costs, possibly home care, etc. You would also be entitled to general damages, which includes pain and suffering . This amount varies and is influenced by the jurisdiction in which the case is filed, how convincing a witness you are, your attorney’s skill, and many other factors. In some states, general damages have a cap of $250,000 or $500,000 or some other amount. Check with your attorney to be certain.

In product liability cases, the manufacturer could also be subjected to a punitive damages award. These are damages that are separate and in excess of the special and general damages awarded to a consumer and arise when there is malicious or wanton misconduct on the part of the maker or seller of the product. The court is actually punishing or penalizing the company. The potential size of a punitive damages award is unpredictable. The jury alone determines the amount. Typically, these awards are fairly substantial because juries sometimes react emotionally to the plaintiff’s plight or the defendant’s disregard for its actions. (Remember, the McDonald’s 1994 scalding coffee lawsuit--$2.7 million punitive damage award) Often the awards are set at a percentage of a company’s net worth. There may be limits in some states.

Here’s an example of a case where the plaintiff suffered a mild stroke after taking Bextra for three months:

Hospital Bills (incurred): $120,000

Ambulance (incurred) $ 800

Doctor Bills $ 40,000

Medicine $ 16,000

Rehab $ 28,000

Home Health Aid $ 85,000

No Lost Wages (Retired) 0

Total Special Damages $289,800

General Damages $1.5 mil

(Jury award-in a state with no limit)

Punitive Damages $10mil

(Jury award-in a state with no limit)

Please note that this is an example only and in no way reflects an actual case or award. Your case may be worth more or less depending on your individual circumstances and the jurisdiction in which your case is filed.

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