One of the ways that you can hold a large pharmaceutical company accountable for your injuries is to join a class action lawsuit. This is different from an individual product liability case as many other victims of the same injury or defective drug are part of the class action lawsuit, forming together to stand up against powerful companies and corporations and demand the compensation you deserve. If you have recently suffered harm from a defective drug or medical product, your attorney may inform you about the option of joining a class action lawsuit to sue the at-fault parties.
What is a class action lawsuit?
A class action lawsuit is a common way to take legal action against a large pharmaceutical company. However, instead of it only being one person filing a lawsuit and seeking compensation, a group of victims who were injured by the defective drug or medical product join together to take legal action against the company. Cornell Law School explains that a class action allows “one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or “class.”
Keep in mind that one person can start a class action lawsuit, but there must be a strong belief that many other people have been affected by the same defective drug or medical product and will eventually join the class action lawsuit. Class action lawsuits can range from very small groups of three to four victims to very large groups of thousands of victims.
Who can be held liable in a class action lawsuit for a defective drug or medical product?
Similar to individual lawsuits, class action lawsuits involving defective drugs or medical products seek to hold all responsible parties liable for their negligent behaviors and actions. Some of the various parties that may be held liable in this type of class action lawsuit include:
- The manufacturer: The manufacturer is usually found liable for designing or producing a harmful drug or medical product. Most of the time, in class action lawsuits, the manufacturers are huge pharmaceutical companies, which means that they are equipped with high-powered insurance companies and lawyers who are ready to defend them.
- The salespersons: The salespersons are responsible for selling medications and products to doctors. Therefore, they usually use certain sales tactics to convince the doctor how great the product is. If it is determined that the product is actually not as effective as they stated and consumers become harmed, the salesperson could be held liable.
- Doctors or pharmacists: Doctors or pharmacists who give medications to patients may be found liable if the patient suffers injuries. This is because the doctor or pharmacist is required to warn the patient about any known risks or consequences associated with using the drug or medical product.
- Medical or pharmaceutical laboratories: Before the drug or product ever starts being administered or given to individuals, medical or pharmaceutical laboratories are required to conduct a variety of tests to ensure that it is safe. If the laboratories found any type of evidence that indicated that the drug or product could cause harm and did not notify the manufacturer, they could be held liable.
How do I join a class action lawsuit for a defective drug or medical product?
If you are interested in joining a class action lawsuit, you will need to first see whether one is available that matches your case. You should reach out to an attorney and let them know about your situation and circumstances. Then, they will work with you to find a class action lawsuit that you can join, collect and submit the necessary evidence to show that you have been harmed by the same drug or product, and ensure that you have your own legal representation throughout the entire process.
Some class action lawsuits do not require you to do anything to join. Instead, you simply receive a letter by mail informing you that you are part of the lawsuit as there were records indicating that you used the defective drug or medical product. In this case, you can simply contact a lawyer and ask about the class action lawsuit and remain patient until a settlement is reached.
How do I know if I am a victim of a defective drug or medical product?
If you or a loved one are a victim of a defective drug or medical product, you will have some type of proof of experiencing negative side effects, injuries, illnesses, or other consequences after taking the defective drug or product. Here are some the most common side effects, injuries, or illnesses that arise from defective medications and products:
- Organ damage
- Worsening conditions
- Headaches
- Weakness
- Pain
- Tumors
- Nausea or vomiting
- Strokes
- Seizures
- Internal bleeding
- Heart attack
- Breathing issues
- Blood clots
- Loss of hearing or eyesight
- Death
Are there pros and cons to joining a class action lawsuit?
There are several pros and cons to joining a class action lawsuit. We will list two pros and cons below.
Pros:
- When several individuals join together to file a class action lawsuit against a company, the chances of a successful outcome increase. This is because a group of people have more power than one individual.
- Class action lawsuits typically reach a resolution a lot quicker than individual lawsuits. This is because multiple people are combined into one lawsuit, allowing the courts to look into and find a resolution to everyone’s cases all at once.
Cons:
- If you are not the person who started the class action or are not selected as a lead plaintiff, you will not have much control over the legal process.
- While class action lawsuits usually result in large settlements, the compensation is split between everyone who entered the class action lawsuit. Therefore, in the end, the money you receive could be slightly less than you expected.
If you suffered injuries after taking a defective medication, please do not hesitate to reach out to the product liability lawyers at Kwartler Manus, LLC at your earliest convenience. We will listen to your experience, evaluate your claim, and determine whether a relevant class action lawsuit is available to you. When you call on us to assist you, we will do everything we can to protect your rights and ensure that you receive the justice and compensation you need to get back on your feet again. Contact our team to schedule a free, no-obligation case review today. Our firm has offices in Philadelphia and Cherry Hill.