What damages could I recover in my Invokana lawsuit?
Because your Invokana lawsuit will more than likely be structured as a products liability case, your damages will probably be compensatory in nature. Compensatory damages are meant to repay plaintiffs for the losses that defendants have wrongfully inflicted upon them. Some examples of these losses include:
- Medical bills.
- Damaged property.
- Disability, disfigurement, scarring.
- Lost wages.
Of course, in any products liability case, you can always recover for the value of the damaged item itself. See Suvada v. White Motor Co., 32 Ill.2d 612 (1965). Finally, according to the “Moorman” doctrine, if plaintiffs can prove an underlying injury, then they can also plead economic losses in products liability cases. See Moorman Mfg. Co. v. Nat'l Tank Co., 61 Ill.Dec. 746 (1982). Economic losses attempt to compensate plaintiffs for the financial loss a particular injury has caused them. Unlike compensatory damages, these are much harder to point to and calculate. Thus, courts are less likely to let them come into litigation if there are no obvious compensatory damages.
For additional information see the following pages: