Potential Damages That May Be Awarded in a Taxotere Lawsuit
Potential damages that may be obtained by a Taxotere Plaintiff could include the following:
Special Damages and General Damages
Special damages are economic damages that are identifiable and provable. These damages include past and future losses or expenses incurred, such as medical expenses and loss of income. General damages are intended to compensate a plaintiff for physical and mental pain and suffering, physical disfigurement, mental anguish, loss of enjoyment of life, lowered quality of life, and embarrassment. Such damages can be further described as follows:
A Taxotere plaintiff could lose her job or be unable to work due to embarrassment or mental health issues related to her hair loss. Damages for lost wages include money already lost in addition to future lost wages. Lost wages also include the plaintiff's loss of earning capacity.
The medical expenses that may be awarded to a Taxotere plaintiff for the expenses incurred by the plaintiff for the cost of seeing mental health providers such as psychologists and psychiatrists.
Wigs, Hair Regrowth Products and Cosmetics Expenses
Many women will buy wigs and products to try to regrow their hair and they will need to have eyebrows tattoos or false eyelash products. These expenses may be recoverable because they were incurred due to the permanent hair loss caused by Taxotere.
Mental Pain and Suffering
Compensation may be awarded to plaintiffs who suffer physical or mental pain and suffering arising from their hair loss.
Physical Disfigurement and Embarrassment – Due to Hair Loss
Damages can be awarded to each plaintiff for the effect her hair loss has had on her life and her mental health and enjoyment of life.
Punitive damages are awarded to punish a defendant's willful or malicious misconduct. Such damages are awarded to deter the defendant from pursuing the same actions which damaged the plaintiffs. These damages are not often awarded.
On June 17, 2016, a Louisiana resident filed a lawsuit Taxotere lawsuit against the drug manufacturer. The plaintiff alleged Taxotere caused her hair to fall out. She also claims she was never warned of the risk of suffering from permanent hair loss after taking Taxotere and had she known; she would have taken another drug. As a result of her injuries, the plaintiff is seeking compensation for past and future medical expenses, the loss of income, permanent disfigurement, and the loss of enjoyment of life. In her complaint she requested that the court set aside the statute of limitations issues which could potentially bar her claim for recovery.
Court records indicate that 33 Taxotere permanent hair loss cases have been filed in 16 federal courts across the U.S. In July 2016, plaintiffs' lawyers requested a multidistrict litigation for lawsuits alleging that Taxotere caused permanent hair loss in women. Lawyers for two plaintiffs asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate the 33 lawsuits in 16 federal courts to the U.S. District Court for the Eastern District of Louisiana. Plaintiffs assert that the centralization of the cases will allow the parties to coordinate document discovery and a single set of depositions of key witnesses.