Question 1

Do I have a health care class action for a pharmaceutical drug or medical device?

Accepted Answer

The class action device is often utilized in pharmaceutical drug and medical device litigation. Class actions have been brought against the manufacturers of medical devices such as hip replacements; contraceptive intrauterine devices (IUDs); penile implants; heart valves; silicone breast implants, etc. Many more class actions have been filed by classes of persons alleging injuries from prescription drugs, such as the Fen Phen diet drugs; Rezulin; and Paxil, among others. In addition, class actions have also been filed against the manufacturers of certain non-prescription drugs. You may have such a claim if you have suffered an injury from a particular drug or device. You may also have an emotional distress claim over fear of future injury, and a claim for medical monitoring for future injuries. An example of a pharmaceutical class action: Paxil Litigation A class action filed in 2001 against Glaxosmithkline, a large pharmaceutical manufacturer, is representative of a prescription drug class action complaint. The Glaxosmithkline Complaint alleged causes of action for: fraud and deceit; negligence; strict liability; breach of express warranty; and breach of implied warranty. There were approximately 35 named plaintiffs who sued Glaxosmithkline “on behalf of themselves and all other persons similarly situated.” The class action was brought in California State court based on the defendant’s activities in the State of California. The class was defined as “all former or present Paxil patients who, after December 29, 1992, suffered or continue to suffer from withdrawal reactions following reduction or termination of their Paxil dosage.” In order to satisfy the numerosity requirement for class certification, the class attorney stated that, in addition to the named plaintiffs, over 1000 persons had registered drug withdrawal complaints to Glaxosmithkline on the internet, providing their contact information and detailed commentary, and at least 500 individuals contacted the class attorneys with similar allegations. Damages sought include compensatory money damages; punitive damages; injunctive relief; and attorneys’ fees and litigation costs.

Question 2

What kinds of cases may be suitable for a mass tort lawsuit?

Accepted Answer

In general, mass tort cases involve a large number of individual claimants with claims associated with a single product. Despite the large numbers of claimants, there is a common factual and legal thread that aligns these cases. The commonality among the cases enables lawyers to pursue a campaign against the defendant, leading to an effective outcome for each individual plaintiff. Pursuit of compensation for the injuries clients have sustained due to the negligent and sometimes fraudulent actions of defendant manufacturers and/or distributors is the goal of mass tort cases. Representing plaintiffs in mass torts cases is the forefront of plaintiffs' mass tort litigation. Ensuring that their case is handled on a personal basis in this very important claim for the individual and their families is critical and qualified lawyers make this happen. There are many types of mass tort litigation and hundreds of federal and state laws that govern this area of the law. Mass Tort Litigation often involves the following types of cases: Anti-Trust Claims - Antitrust or Competition laws legislate against trade practices which undermine competitiveness or are considered to be unfair. Antitrust laws were originally formulated to combat business trusts. Most antitrust activity can be classified in the following areas: bid rigging, monopolization and oligopolization, price fixing, and vendor lock-in. Consumer Product Claims - Products liability litigation involves defective and unreasonably dangerous products that can kill or injure people. There are three major types of product defects that incur liability: design defects, manufacturing defects, and defects in marketing. Defective Design and Manufacture, Failure to Warn Claims- Manufactures of products have a legal responsibility to ensure the safety of products they market/sell to consumers. If there are product design problems or injuries caused because of the product the company has a legal responsibility to either remove the product from the market and/or inform the public about the problems and risks. Breach of Warranty Claims - Most products in the market have some type of specific warranty issued by the manufacturer. If the manufacturer does not honor the warranty, and there are problems with the product that remain resolved, the manufacturer may be in breach of the warranty contract. Discrimination, Race, EEOC, Employee Benefits Claims- There are many federal and state employment laws have been enacted to ensure fairness and equality for employees. Failure to comply is in serious violation of these laws. Some of these benefits take the form of public insurance, such as unemployment compensation and workers' compensation. Insurance Claims - Whether these claims involve health, life, retirement, worker's compensation or disability insurance claims there are numerous laws that employers must comply with and that protect individuals. Additionally auto insurance claims are also subject to federal and state laws. Medical Devices Claims - Individuals, and their families, who have been a victim of defective medical devices including heart valves, artificial joints, bone screws, defibrillators or prostheses have protection under a variety of laws. Pharmaceutical Claims - Drugs, including dietary supplements that have been recalled or removed from the market after injuring or killing patients, may have short and/or long-term health impacts on individuals and are very serious offenses. Personal injury accidents - plant explosions, chemical leaks, airplane crashes, or dangerous products sold to the public There are also other types of mass tort lawsuits. If an individual believes their particular problem may fall into the category a qualified professional can help determine the legal validity of a potential case by a complete review of the facts.

Mass Tort Law

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