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In February 2019, Bristol-Myers Squibb and Otsuka America Pharmaceutical settled with thousands of people who sued the companies over compulsive behavior they blamed on Abilify. As of April 2019, a total of 2,425 Abilify lawsuits were still pending in the federal mass litigation.

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Zinbryta is an injectable drug used to treat patients with multiple sclerosis (MS) in the USA. Multiple sclerosis is a disease that usually affects the central nervous system, disrupting the connection between the body and the brain. Zinbryta is manufactured by Biogen Inc. and AbbVie Inc. companies. It is a drug that was approved by the United States Food & Drug Administration in the year 2016. It is an injectable drug designed so that patients would administer it on their own every month.

 Zinbryta is a form of a monoclonal antibody that helps with the nervous condition by affecting the cells that regulate the immune system. Zinbryta acts by decreasing the T-cells, reducing inflammatory lymphoid tissue, and increasing the natural killer cells to manage the disease. The drug had successfully treated the condition until a time when there were complaints that the drug had severe interactions that affected other body parts such as the liver and the brain.

Some of the issues raised were cases of confusion, memory problems, and inflammatory brain diseases. Due to the Serious risk that the patients were exposed to, the drug was removed from the market and was only left to treat the patients who could not be treated with other multiple sclerosis drugs. If you and other patients suffer common injuries resulting from Zinbryta treatment, you are entitled to the manufacturer’s compensation. You can do so by filing a mass tort lawsuit with the help of a qualified attorney. We at Consumer Alert Now can help you and other patients get fair compensation for the injuries you will sustain from Zinbryta treatment. We will help you through the legal process and gather all the information and evidence required to prove that the other party is liable for your injuries and other patients.

Uses of Zinbryta

Zinbryta is a drug that is used to treat patients with multiple sclerosis in the United States. It is a drug that was only used for specific patients who didn’t respond to other MS medications. Multiple sclerosis has no cure, and Zinbryta is therefore used to treat the symptoms of the disease. Its availability is usually under a special program where a patient has to be registered for the program. Under the program, you, as a patient, have to understand all the benefits and risks associated with its use. Zinbryta is not recommended for young people under 18 due to the risk factors associated with it. Some of the sign that will show the disease that requires Zinbryta treatment are:

  • Double vision
  • Partial or total loss of vision
  • Weakness or numbness of the limbs
  • Fatigue
  • Dizziness
  • Bladder malfunction, among others

Some of the risk factors associated with MS are sex, family history, age, climate, and race. Some of the safety precautions before Zinbryta administration are:

  • You should not use it if you have liver disease.
  • You should not use the drug if you have a history of hepatitis.

It is therefore important to tell your doctor if:

  • You have any liver problems like hepatitis.
  • You have a skin condition, including eczema.
  • Any active infection
  • You have a schedule for a vaccine and
  • Depression

If you are pregnant, you should also be open to your doctor to avoid pregnancy issues. If you are also planning to become pregnant, you should tell your doctor.

Zinbryta Side Effects

Drugs have side effects that can affect you in one way or the other. Some side effects need medical intervention, especially if you feel your health situation worsens rather than getting better. Zinbryta is one of the drugs with serious side effects for many patients. Therefore, it has a Black Box Warning, which is a safety warning regarding the risks involved with its use. The risks can be life-threatening and can lead to fatalities due to liver damage. The reason why a Black Box warning is included in the label is that:

  • Zinbryta can cause severe liver injury, hepatitis, and liver failure.
  • Zinbryta shouldn’t be used in patients suffering from liver problems.
  • It should only be available through the Zinbryta REMS Program.
  • It causes skin disorders.

Therefore, it is a requirement that patients undergo severe blood tests to assess if there is any issue associated with the liver. The primary complications related to Zinbryta are brain and liver inflammation. Other risks that are noted in the Black Box Warning are:

  • Skin reactions
  • Lymph nodes enlargements
  • Colon inflammation
  • Increased risk of infection
  • Suicidal ideation/depression symptoms
  • Hypersensitivity reactions
  • Muscle weakness
  • Paralysis and
  • Loss of consciousness

Other common reactions expected from Zinbryta dosage are:

  • Rashes
  • Infection of the upper respiratory tract
  • Cold symptoms
  • Influenza
  • Dermatitis
  • Eczema and
  • Throat pain
  • Drug-induced hepatitis
  • Wrongful death
  • Meninges inflammation

You should, therefore, contact your specialist if you feel the following symptoms:

  • Shortness of breath
  • Yellow or pale skin
  • Weakness or confusion
  • Watery diarrhea
  • Severe stomach pains
  • Unusual bleeding in the rectum, vagina, nose, and mouth
  • Liver problems which are accompanied by loss of appetite, jaundice, tiredness, and dark-urine
  • Depression symptoms such as a feeling of sadness, aggression, or a feeling of hopelessness

Zinbryta REMS Program

Although Zinbryta is known to have less severe side effects, there are some more significant complications associated with it. Due to these risk factors, Zinbryta came with a safety notice issued by the Food and Drug Administration (FDA). The label was meant to warn the prescribers of its risks in causing liver injuries, causing fatalities. The risk factors also made the drug available through a Risk Evaluation Mitigation Strategy program (REMS). The drug availability was possible if it would only be used in patients where the benefits would outweigh the associated risks. To reduce the chances of injuries by the Zinbryta, it is a requirement that the pharmacist, patient, and prescriber have met the specific requirement for it to be approved. For example, a pharmacist must be certified and should only give the drug to authorized patients. A patient also should be enrolled and comply with a program for monitoring purposes. If you and other patients, therefore, suffer injuries from the use of Zinbryta, you can file for a mass tort lawsuit where all your cases will be addressed as a single case with the help of an experienced attorney.

Factors Considered for Your Case to Qualify as a Mass Tort Lawsuit

Not all cases can qualify as a mass tort lawsuit. Some specific elements have to be met and should be similar for the judge to try your cases as a single case. They are:

  • If you and other patients have been damaged or sustained injuries as a result of a Zinbryta drug, there has to be a similarity to the injuries that you have sustained. For example, if Zinbryta causes injuries to the brain or the liver to many of you, then the case can be filed as a mass tort because you will be looking for compensation for similar claims.
  • If there are common legal issues amongst you, your case and that of other patients should apply similar laws and facts. They should also be associated with a single event, product, or action.
  • Case consolidation. Mass tort laws have common legal issues that make it possible to have all the cases consolidated as a single case. Consolidation is convenient and effective in making good use of resources. Case consolidation also helps weigh the evidence presented to determine the possible outcome of the entire lawsuit.

Zinbryta Mass Tort Lawsuit Process

Mass tort claims are best used if you and other plaintiffs have similar cases that involve one defendant. Filing the cases as a single case fastens the process of the lawsuit. For example, if you and other patients are treated with Zinbryta and the drug exposes you to life-threatening risk, especially to the brain and the liver, you can have your cases consolidated and tried together against Biogen Inc. and AbbVie Inc., manufacturers of dangerous drugs. With the help of qualified dangerous drug mass tort attorneys, you can file for a claim to receive compensation for your injuries. When you and other patients are injured due to Zinbryta treatment, you can file for compensation together and have the case tried by one judge. Several milestones have to be taken for your and other patients to receive your compensation. They are:

Reviewing of the Records by the Mass Tort Attorney

Before the judge proceeds with the trial, records are reviewed to determine if the case fits a mass tort. The judge will do so by examining the statement made by you and other patients and validating the claim. Your mass tort attorney will also review:

  • Statements of the manufacturing company which the allegations have been made against
  • The number of cases that are presented for similar allegations
  • The details of your injuries
  • Details of the damages and injuries sustained by the other patients

Injury Consistency

There has to be consistency for the injuries sustained by you and other patients for the case to qualify as a mass tort lawsuit. Consistency of the injury will help your attorney and the judge identify the exact need for your compensation because they will analyze the characteristics of each of the injuries you have sustained due to the use of the Zinbryta drug. For example, the injuries you and other patients can sustain due to the use of  Zinbryta. Suppose you and other patients suffer from liver damage due to the Zinbryta treatment. In that case, the judge will only build a single case for all the plaintiffs, despite the difference in the severity of damages and injuries sustained. The injuries are then categorized depending on the age and duration of your injuries and other patients.

Initial Filing of the Claim against the Manufacturing Company

After your mass tort attorney has reviewed the relevant information about the cases, a lawsuit against Biogen Inc. and AbbVie Inc. will be filed. Your attorney will present the details and facts why the case should be filed as a mass tort, along with details of damages and injuries inflicted on you and other patients. Your case and that of other patients will be consolidated and filed in a federal court. The consolidation helps your attorney speed up the investigation process and gather essential evidence for your case. Another reason why the claims will be consolidated is to make effective use of the judicial resource for case uniformity and convenience. Because you may not understand the structure and complexity of the mass tort lawsuit, you and other patients must hire an experienced attorney to help in the process.

Bellwether Trials

Bellwether trial refers to a small number of cases that are tried before the entire cases are tried. This is to help determine the case's expected outcome and the route to be followed for the rest of the cases. If the evidence presented is not enough to help the judge decide, then the entire process is dropped. If the evidence is enough to convince the judge, then the case proceeds to the next level. Having an attorney to file your mass tort lawsuit is crucial to prevent the dropping of the bellwether cases.

Litigation by the Judicial Panel

Each request is usually discussed by the judicial panel, which meets a few times a month. The panel will then consolidate the cases and move them to the federal court, where the cases will be tried as a single case by the federal judge. Before they move it to be tried as a single case, the judicial panel looks at:

  • If the trial process will be delayed due to centralization
  • If the consolidation will help in making effective use of the judicial resources
  • The geographical disparities of the people involved
  • If you and other patients cases are enough to have the case qualify as a mass tort
  • The type of damages and injuries sustained by you and other patients are similar

Claim Settlement

Claim settlement happens when you and the other plaintiffs and defendants negotiate and agree to have the claim settled. It is at this stage that the proposed agreements will be presented to you and the other patients for you to decide if you will accept the proposal or not.

Compensation for a Zinbryta Lawsuit

Although ass tot claims can take longer to settle, they usually end up successfully where plaintiffs receive compensation for their injuries. The cases are generally consolidated, but each case is treated differently when it comes to the settlement because there is a difference in the severity and extent of damages caused. The advantage of filing a mass tort lawsuit is to enable each individual to receive a fair share s of compensation. Therefore, it means that if you suffered severe injuries compared to the others, your compensation would also be different from theirs. There are two types of damages that Zinbryta manufactured should compensate you for. The amount that you will receive as compensation will depend on the severity and extent of your injuries. To have your injuries and damages and that of other patients properly valued, you should hire an attorney who understands the mass tort lawsuit for dangerous drugs. The types of compensation that you are entitled to receive are special and general damages.

Special damages are related to monetary value and are therefore meant to cover any economic loss that you have undergone. Special damage compensation includes:

  • Prescription costs
  • Future reduction in earning capability
  • Rehabilitation costs
  • Burial expenses in case of wrongful death
  • Past and future medical costs

General damages are not related to monetary value and may, therefore, be difficult to calculate. They include:

  • Pain a suffering
  • Emotional and mental anguish
  • Any disability
  • Loss of consortium for a spouse
  • Other damages

Factor Affecting the Length of Mass Tort Claim

There is no set time that a mass tort lawsuit should take. There are, though, several factors that affect the duration. They are:

  • The need for travel. There are instances where your attorney will need to travel a lot to investigate your case and that of other patients. The attorney will also need to meet the witnesses in different areas to gather enough evidence to build strong evidence for your claim. The need for travel may lengthen the lawsuit period for your compensation and that of other patients.
  • Expert witnesses. Your attorney will need to contact witnesses who will prove that the Zinbryta manufacturer is liable for your injuries and that of other patients. It might take long to locate the witnesses and hence a lengthened period for the mass tort lawsuit.
  • Collection and organization of evidence. Evidence collection is a time-consuming activity that may take even months. A lot of information needs to be collected, including the medical records for each patient affected by the Zinbryta, the company’s documentation, and any other relevant information that needs to be collected and analyzed.

Challenges to Expect in a Mass Tort Lawsuit

A mass tort is a complicated court proceeding because it involves many plaintiffs, each with different levels of damages and injuries seeing one defendant. In mass tort cases, each individual has their share of compensation expected from the liable party. You, therefore, expect to experience some challenges before a settlement is done. Settlement may be a challenge because:

  • Mass tort litigation is risky. In every court proceeding, there has to be a party that loses and one that wins. The attorneys involved in both parties have to do their best to defend the case to prevent the risk of losing. The party that loses is usually at risk of losing a lot because they will have to pay the expenses and any other costs incurred by the winning party.
  • It can be challenging to establish the cause of injury. It can be challenging to identify the real cause of the injury because it may be due to different factors. Depending on the judge who will handle the case, there can be uncertainties because the injury may be due to drug exposure and body reaction. Therefore, your attorney will have to present concrete evidence that you suffered injuries as a result of Zinbryta administration, and the manufacturer is therefore responsible for your injuries and any damages caused.
  • Factual and legal issues. There are a lot of expenses incurred by both parties for the mass tort lawsuit to go through. The risk involved too is very high because there are a lot of people involved. The attorney will have to go through the legal process to ensure the settlement is done, where the compensation is also based on the allegations' facts.
  • Conflict of interest. When filing for a mass tort lawsuit, each patient will expect to receive a fair share depending on the injuries' severity. In most cases, the plaintiffs differ in terms of the amount to be received.
  • Case of future injuries. After a mass tort lawsuit is settled, the case is usually closed. If you, therefore, suffer more injuries in the future due to the same drug, the case will be difficult to settle as a mass tort because there has to be a specific number of similar cases for it to qualify as a mass tort.
  • Aggregation dilemma. It can be a challenge to consolidate the individual cases to a single case, especially if the defendants involved are more than one. The reason being, the decision that will be made by the court will equally affect the two defendants. The defendants may, therefore, disagree when it comes to claiming settlement.

Find A Zinbryta Mass Tort Attorney Near Me

If you suffer complications resulting from the Zinbryta drug, you have a right to file for compensation from the drug manufacturer. The compensation claim could be successful if you seek help from a qualified attorney who understands the mass tort lawsuits on dangerous drugs. We invite you to contact Consumer Alert Now to know how you can join a mass tort to compensate your damages Call us at 800-511-0747 today.