What are the damages that can be recovered in a defective drug claim?

In Hawaii, those injured by a defective drug may be able to recover damages from the drug company or manufacturer. Damages may include compensation for medical expenses, lost income, pain and suffering, and emotional distress caused by the injury. Medical expenses can include hospital bills, doctors’ fees, and the cost of any necessary medical equipment or medications. Lost income may include any wages lost due to missed work caused by the injury, including both past and future earnings. Pain and suffering damages refer to any physical or emotional pain an individual experiences due to the injury. Emotional distress damages are awarded for the mental anguish suffered as a result of the injury. In some cases, a person may also be able to recover punitive damages. Punitive damages are designed to punish the wrongdoer and to deter others from similar actions. Punitive damages can be very high, and may be awarded in addition to the other damages. Lastly, a person may be able to recover the costs of their attorneys’ fees from the wrongdoer. These fees may include the cost of hiring experts to testify if the case goes to trial. In summary, a person injured by a defective drug in Hawaii may be able to recover damages for medical expenses, lost income, pain and suffering, emotional distress, punitive damages, and attorneys’ fees.

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