As more information becomes known about the links between the contrast dye gadolinium and the diseases Nephrogenic Systemic Fibrosis (NSF) and Nephrogenic Fibrosing Dermopathy (NFD), litigation over gadolinium use is increasing and the damages available in these cases may be substantial.

Damages

According to Benjamin Locklar, an Alabama attorney whose practice represents clients injured by drugs such as gadolinium, there are typically two types of damages that are recoverable in civil litigation: compensatory damages and punitive damages. He explained each:

• Compensatory damages. Compensatory damages take a number of different forms. For example, if someone has lost their livelihood, we can claim the loss of income or lost wages. Typically, there’s pain and suffering, mental anguish, medical costs and medical bills. Sometimes, there are future damages associated with that where we can actually recover for what it will cost for their treatment in the future. In death cases, it varies a little bit due to state law.
• Punitive damages. Punitive damages – which are typically to punish those who knowingly, willingly, or recklessly cause damages to other people – might also be recoverable. However, the primary focus on damages at the early stage is compensatory and that is to compensate people for the injuries they suffered. From a physical standpoint, they’re entitled to be compensated for the loss of any ability they may experience such as the loss of their legs or arms or the ability to hold or pick up things. Most importantly, they’re at a very high risk of losing their life.

A qualified attorney will be able to determine which damages might be available in individual cases. But, how are they paid and what costs are involved?

Hiring an attorney

Attorneys that handle gadolinium cases are generally paid on a contingency fee basis. Locklar explained, “A contingency fee contract means that if we don’t recover, you don’t owe us anything. If we recover, we get a percentage of the total recovery. We typically advance expenses associated with the litigation so that it doesn’t cost you anything out of pocket.”

“If you need to have a skin biopsy done and your physician won’t do it, then we’ll find someone to do it for you. We’ll typically advance those funds if we have a good basis to believe that you have a disease that was caused by this agent.”

If you or a loved one was given gadolinium and would like to discuss your situation with a qualified attorney whose practice focuses in this area of law, please click here. Consultations are free, without obligation and strictly confidential.