How Are Damages Calculated in a Truvada Case?
Truvada is a pre-exposure prophylactic (PrEP) medication designed to treat and reduce the risk of human immunodeficiency virus (HIV) infection. Unfortunately, many Truvada patients report developing kidney and bone diseases while taking the drug — leading to significant financial, physical, and emotional damage.
If you are a victim of defective Truvada medication, you may be eligible for financial compensation through a lawsuit against the drug’s manufacturer, Gilead Sciences, Inc. However, courts follow a very specific process to calculate fair settlements in defective drug lawsuits, and it is important to know which damages you qualify for before you enter these proceedings.
Which Damages Are Available in Truvada Lawsuits?
You can claim compensation for any physical, financial, or emotional injuries you experience as a result of your Truvada use. There are two main types of damages in defective drug lawsuits: economic damages and non-economic damages. While economic damages concern your tangible financial harm, non-economic damages involve the pain and suffering you endure due to your kidney or bone condition.
Common types of compensation available for Truvada victims include the following.
- All past and future medical expenses
- Lost wages and loss of future earnings
- Disability accommodations
- Emotional anguish
- Depression and anxiety
- Chronic pain
- Permanent disability
- Loss of quality of life
California also allows injury victims to claim punitive damages if the at-fault party acted in an especially egregious manner. You will need to establish that Gilead Sciences, Inc. acted with malice, oppression, or fraud to qualify for these damages.
Calculating Economic Damages
The bulk of a Truvada settlement will likely concern economic damages. These losses are easier to calculate than non-economic damages, since you can usually produce documentation to establish them. Your attorney can use your medical bills, time sheets, correspondence from your employer, and insurance statements to calculate your financial damages.
One major concern for Truvada injury victims is long-term care costs. You can collect funds for your future as well as your past medical expenses, but you may not know what treatment you will require as time goes on. Your attorney can connect you with economic and medical experts who can create a care plan to calculate your ongoing treatment costs.
Calculating Non-Economic Damages
Since you cannot quantify a depression diagnosis or debilitating chronic pain, non-economic damages are more difficult to calculate. There is no set formula that the court uses to calculate these losses, but your attorney will likely use one of two methods to estimate your pain and suffering.
- The per-diem method assigns a dollar value for every day from your injury until you reach maximum medical improvement.
- The multiplier method assigns a number based on the severity of your injury. You then multiply this number by the economic damages you plan to claim in your lawsuit.
It is helpful to keep a journal that details your physical pain, emotional state, and the details, costs, and events surrounding your Truvada injury. Keeping a record of your pain and suffering can provide necessary evidence for your future claim.
Hiring an Attorney to Calculate Your Truvada Settlement
Knowing your settlement’s estimated value is an important step when filing a defective drug lawsuit, but it can be difficult to calculate the correct amount without professional assistance. Without knowing the amount of compensation you need to recover, you can accept an insufficient settlement — which can hinder your future recovery.
If you are filing a lawsuit for your Truvada injuries, contacting an attorney with experience helping defective drug victims can help. Your lawyer will understand how to calculate your estimated settlement value and can help you collect the documentation you need to prove your right to compensation.
Contact your Truvada injury attorney as soon as possible after your diagnosis to take your first steps toward fair compensation.