10/01/2012 Pradaxa Lawsuit Being Compared to Avandia: The current Pradaxa Lawsuit is being compared by some Lawyers to the other block buster Pharmaceutical Litigation cases like Avadia. These comparisons may be arising from the fact that one of the claims in the Pradaxa Lawsuit being made by many plaintiffs is that the Pradaxa Lawsuit has to do with Deceptive Marketing Practices and other bad acts on the part of the manufacturer that extend beyond the typical failure to warn and defective product claims that appear in most Pharmaceutical Lawsuits.
Many lawyers that follow and file Pharmaceutical Lawsuits like the Pradaxa Lawsuit and the Avandia Lawsuit are of the opinion that bad acts, or torts that beyond failure to warn claims and defective product claims can lead jurors to award significantly higher damages to Plaintiffs than cases in which aggravating torts or bad acts beyond the typical Failure to Warn and Defective Product Claims are made.
Given that it is likely that some Pradaxa Cases will go to trail and establish a trend of “Bell Weather Cases” prior to the manufacturer of Pradaxa offering Settlements to Pradaxa other Pradaxa Lawsuit plaintiffs, jury awards in the Bell Weather cases are likely to effect the amounts offered in settlement to avoid trial on additional Pradaxa Lawsuits.
Jury trails are a risky proposition for all parties involved. A jury is made up of a group of people that largely know nothing about the case upon which they are expected to make determinations on. Jury sentiment is well known to affect not only the outcome of cases with regard for whom the jury awards in favor of but also how much a jury may award in damages.
In Pharmaceutical cases where the plaintiff can be portrayed as having been excessively greedy and acted with indifference or disregard for those that used their product, a jury may well choose to ignore any mitigating factors that might lessen the judgment amount they award and focus primarily on the facts of the case that have an emotional impact.
The Pradaxa case is in its early stages and whether or not plaintiff lawyers can prove the claims that would sway a jury to higher than normal award amounts has yet to be seen. As of now how the Pradaxa Case will evolve and resolve has yet to be seen.