Damages in any lawsuit try to put the victim in the same position he or she was before the injury. The side effects of using Neurontin seem to be more of an annoyance rather than life-threatening. However, some attorneys are exploring a possible link between the use of Neurontin and an increase in suicidal tendencies. Obviously, if you have a loved one who has attempted or committed suicide and you believe it may be the result of taking Neurontin, your damages will probably be higher than in a case involving side effects. Since that link has not been well-established yet, however, you need to talk to an attorney with a great deal of experience with Neurontin cases.
The damages most often recovered, either by settlement or by trial, is fo the cost of the Neurontin prescribed and taken, any medical costs associated with your side effects, and pain and suffering. The first two are easily documented – you should either have the bills already available or your pharmacy or healthcare provider should be able to get copies for you. Pain and suffering is a little trickier to value due to its nature. While it is difficult to put an objective measurement such as a dollar figure on a subjective complaint such as pain and suffering, the courts, attorneys, and insurance adjusters all have a great deal of experience in working with these concepts. (See also our section on pain and suffering.) Depending on where your case is brought, there will probably be other similar cases that your attorney and the other side will rely on as a starting point for these damages.
Suffered severe injury or death from Neurontin? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored link]
A third type of damages that may be available are punitive damages. These damages are not allowed in every state and can be very difficult to obtain. Punitive damages are awarded not so much to return you to whole as to punish the defendant. In this case, Pfizer has already admitted to criminal culpability in fraudulently promoting and marketing off-label uses for Neurontin. Depending on the severity of the side effects suffered and the effect they had on your life, you may find the courts willing to award punitive damages. Your attorney can help you determine whether you are in a good position to recover punitive damages.
You may read about settlements and jury verdicts in other cases involving Neurontin. While these can be informative, remember that different people receive different settlement offers and jury verdicts based on many things: where the case is brought, what the particular facts of a case are, who the insurance adjusters are, your character and credibility, extent of the injury, objective evidence, and, to some extent, who the attorneys are. Therefore, you should not necessarily think that your case will receive the same type of settlement award as any other case that you read about. Depending on your case, your settlement offer may be higher or lower. You will have to work with your attorney to decide whether a particular settlement offer is suitable or not.