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If you've decided to file a lawsuit over health problems caused by Zantac® or "ranitidine" (the generic counterpart to or active ingredient in Zantac®), you're likely wondering about the value of your case. How do you put a dollar figure on a cancer diagnosis or some other harm caused by this popular heartburn/acid reflux medication—which has been recalled over potentially dangerous levels of a known carcinogen? What specific losses will be covered in a settlement or court award over health problems tied to use of Zantac® or ranitidine?
As with any injury-related case, figuring out the value of a claim over the safety of Zantac® or ranitidine starts with an understanding of the nature and extent of the injured person's "damages," which is a legal term that refers to compensation for losses suffered by that person (the plaintiff). Damages are paid by the defendant in the lawsuit. (In these cases, the defendant is usually a pharmaceutical company like GlaxoSmithKline, Novartis, or Sanofi, all of which manufacture Zantac® and other ranitidine products, but others in the supply chain may also share some measure of liability.)
Whether your case settles out of court or you receive a judgment in your favor after a trial, the money you receive is considered damages. (Learn more about the basics of damages and compensation in a personal injury case.)
Let's look at some common categories of damages, and how each might affect the value of your Zantac®/ranitidine lawsuit.
As a plaintiff, if you win or settle your case, your damages include compensation for:
Note that if the full extent and impact of your medical complications isn't clear, it's probably not in your best interest to accept an injury settlement offer. Your attorney will almost certainly want to wait until both of you have a clear picture of this component of your damages, because once you accept an injury settlement, you can't go back and reopen your claim, even if you learn that health problems caused by your use of Zantac®/ranitidine are worse than you first thought.
If your cancer diagnosis or other Zantac®/ranitidine-related health problems have forced you to take time off from your job, or have otherwise affected your ability to earn a living, that kind of economic harm will also factor into your damages. Specifically, you are entitled to compensation for any income you've already lost—and for income you would have earned in the future but now won't—due to your health issues. In "legalese," an award based on future income is characterized as compensation for the injured person's "loss of earning capacity" or "diminished earning capacity."
While economic losses like medical bills and lost income are fairly easy to calculate, "pain and suffering" isn't so easy to quantify. But this category of damages plays a big part in determining how much you can expect to receive in an injury case, and can be a crucial component of a Zantac®/ranitidine lawsuit. Pain and suffering is often broken down into two types:
(Learn more about pain and suffering in a personal injury case.)
When you file a lawsuit over harm caused by Zantac® or some other ranitidine product, you're asking the defendant to compensate you for your damages, but you're also taking on the legal obligation to keep those damages to a reasonable minimum. The law in most states expects injury claimants to minimize or "mitigate" the financial impact of the harm caused by the defendant's alleged wrongdoing. For example, if a pharmaceutical company like GlaxoSmithKline (or another defendant) can successfully argue that you failed to get necessary medical treatment when you first began experiencing health problems, and that the delay caused your condition to further deteriorate, your damages award might be significantly reduced. This is one of many reasons why it's important to have an experienced lawyer on your side.