How Much Is My Case Worth?
One of the most common questions we receive from clients is:
“How much is my case worth?”
The short answer is – it depends. At the beginning of the case, it is impossible to know the answer to that question as every client’s case is unique. A few factors we look to include:
1. Liability
This factor can vary greatly based on the laws in your state. Occasionally, the discovery process will reveal new information about liability in a case that will affect a case’s value. Because discovery takes many years while a case is in litigation, we won’t have the ability to fully know how this will affect your case until we are years into it.
2. Damages
Many times, people are injured by the same wrongful conduct but experience very different outcomes.
For example, if Drug X causes liver problems and one person has to be treated for a single day, but another person gets liver cancer and has lifelong treatment, they will have very different damages. Many times, we won’t know the extent of damages for several months or even years after the injury.
3. For Medical Devices: PMA or 510(k) Product
Medical devices are regulated by the FDA. There are two ways for a medical device to be sold in the United States: Pre-Market Approval (PMA) or 510(k).
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PMA: Requires a stringent process including clinical trials to prove the product is safe.
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510(k): Requires only proof that the product is similar to another already on the market.
Whether a product went through PMA or 510(k) can significantly affect the value of your case because it changes:
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The burden of proof
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The kind of defenses in litigation
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The difficulty we may encounter litigating your case
4. Medical Device and Drug Cases: Preemption Challenges
If the medical device in your case went through the PMA process, it may face a preemption challenge. This means federal law could block your state claims like:
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Defective design
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Inadequate warning
If the court agrees with the manufacturer’s argument, your case could be dismissed entirely.
The same applies to pharmaceutical drugs. If a prescription drug was FDA-approved, manufacturers might argue that federal law preempts state-level failure-to-warn or defective design claims. If successful, your claim could be barred.
5. Brand Name vs. Generic Prescription Drugs
Whether you received a brand name or generic drug may determine if a lawsuit is allowed. Most states do not allow lawsuits against generic manufacturers because they must use the same label as the brand name and cannot independently update it.
This was upheld in PLIVA, Inc. v. Mensing (2011) — generic manufacturers complying with federal label requirements cannot be sued for label inadequacies.
We will review your medical and pharmacy records to determine what type of drug was involved and advise you accordingly.
6. Precedent Case Verdicts or Settlements
If your product has been involved in prior litigation, that precedent will influence your case. While prior successes or failures aren’t definitive, they provide insight into:
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The likelihood of settlement
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Legal strategies
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Strength of the claim
⚠️ Note: Preemption does not apply to all drug cases — for example, Valsartan lawsuits involve manufacturing defects (like NDMA contamination), which allow claims even against generic manufacturers.
Analogy: If someone publishes a pizza recipe and others use it, but one makes it in a dirty kitchen and causes food poisoning — we blame the dirty kitchen, not the recipe. Likewise, we can hold generic manufacturers accountable for contaminated production.
7. Insurance Policy Limits / Damage Caps
The at-fault party’s insurance coverage may limit your recovery, even if your damages exceed those limits.
Additionally:
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We may not know the full extent of coverage early in the case.
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Trial awards may be capped in some states by statutory limits, regardless of jury verdicts.
8. Defendants’ Financial Health and Bankruptcy
If a company files for bankruptcy, your claim may be paused or rerouted through bankruptcy court, where you become a creditor. This affects:
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Whether your case proceeds
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Potential compensation
Example: Johnson & Johnson attempted bankruptcy for their talcum powder lawsuits, but in March 2025, the judge dismissed the bankruptcy, calling it “flawed” and “unnecessarily rushed.”
9. Patient-Specific Causation
We evaluate whether your medical records support that the product specifically caused your injury. For example:
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Proof of product use over the required timeframe
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Proof your injury wasn’t caused by something else (e.g., smoking, other exposures)
If causation is unclear, it may lower the value or result in disqualification, but don’t assume the worst — speak with an attorney to review your case details.
10. Daubert Challenges
To succeed in court, plaintiffs must prove claims with scientific evidence and expert testimony.
Defendants may request a Daubert challenge, which is when a judge is asked to exclude an expert’s testimony as unreliable.
Example: In Tylenol MDL 3043, the judge accepted the Daubert challenge in 2023, excluding plaintiff expert testimony. As a result, in August 2024, the litigation was closed in favor of the defendants.
Final Note
These factors are considered collectively when evaluating your case.
If you have questions or would like to discuss your case in more detail, feel free to reach out.
We’re here to guide you through this process and fight for the compensation you deserve.
