What Is The Expected Average Truvada Lawsuit Settlement? – Forbes Advisor – Technologist

Every personal injury settlement is unique because how much a claim is worth depends on many factors. These include the nature of a plaintiff’s injuries, the egregiousness of the defendant’s conduct or failure to meet their legal obligations, the short and long-term impact of the injuries and any contributory fault by the plaintiff.

The laws related to personal injury damages vary depending on where a case is filed. Several different types of compensation are available to personal injury plaintiffs. Not all types of compensation can be recovered in all cases.

Generally, a plaintiff who proves a defendant is responsible for their injuries can recover “compensatory damages.” These include quantifiable economic damages and out-of-pocket costs, like medical damages, lost wages, and other expenses. They also include non-economic damages (called “general” damages in some jurisdictions) such as pain and suffering, emotional distress, loss of enjoyment and similar losses.

Compensatory damages awards can be significant, especially in cases involving a defendant’s egregious behavior or young victims who sustain life-altering injuries. Since many of the Truvada claims involve young, healthy patients using the drug to prevent HIV infection, these damages could be substantial.

Some states also allow injury victims to seek punitive damages in cases of extremely reckless or shocking conduct. The Truvada lawsuits allege that Gilead engaged in deceptive or fraudulent behavior that caused injury to a significant number of patients and violated the public trust. If proven, these allegations could form the basis for high-value punitive damages awards against Gilead.

Punitive Damages Awards In Pharmaceutical Cases

Punitive damages are intended to punish an individual or company for gross negligence, recklessness or intentional bad behavior. If a jury believes that Gilead deliberately concealed the risks of Truvada or intentionally misled the public, it may enter an award of punitive damages against the company. Previous lawsuits against drug manufacturers for deceptive practices have resulted in significant punitive damages awards.

For example, in 2014, a Louisiana Federal Court jury awarded plaintiffs $1.475 million in compensatory damages related to Actos, a diabetes medication. The case involved 2,700 lawsuits against the drug manufacturers consolidated into MDL. The jury also awarded $6 billion in punitive damages against Takeda Pharmaceutical Co. Ltd. as well as $3 billion against Eli Lilly and Co. for deliberately concealing the drug’s known cancer risks.