The Basics of a Medical Class Action

If you have been injured by a faulty medical device, or because you took a certain prescription medication, chances are there is someone else like you who was also injured. Where there are a number of people who all claim same or similar injuries from the same product, those people may band together and sue as a group in what is called a class action. But what exactly is a class action? What are some examples of medical class actions?

How Does a Class Action Work?

  • A class action is a type of lawsuit where one or a few named plaintiffs sue on behalf of a group of people who were injured in the same manner. Who may be a class representative is governed by the Federal Rules of Civil Procedure and the facts of the particular case.
  • One of the benefits of a class action is that it frees up the courts to consider other cases. A class action can dispose of literally thousands of lawsuits at one time, by deciding everything as to the group as whole. For example, it is much easier for one large lawsuit to be decided; particularly with respect to issues such as how much money each class participant should receive, then having to litigate that issue over and over again in separate lawsuits. This is especially true where it is unlikely that the defendants can afford to pay each and every participant what may be their due. A class action ensures that every participant receives some type of payment. Without a class action, payment would be on a first-come-first-served basis.
  • Many class actions start out with a few people, or even one person, approaching an attorney to seek legal assistance in recovering for an injury. After reviewing the case, the attorney may believe that there are other people with the same problem or injury as his or her client and the potential for a class action will start to snowball.
  • In most cases, everyone who will be affected by a decision in a class action must be notified that a legal action has been started. Not every person will be entitled to personal notice, however. Instead, they will be entitled to the best notice possible under the circumstances. Often, a court will order that reasonable attempts must be made to notify any unknown class members. This may involve a television commercial about the formation of a class of plaintiffs, a flyer or notice in the mail, or an advertisement in a magazine or newspaper. Generally, the type of notice which must be given will depend upon the facts of the case and the attitude of the court.
  • Those people who are notified may then have the opportunity to join in the action or to opt out and not participate as a member of the class. Not every class action allows for individuals to opt out. In some cases, you are a member of the class or you are out of luck.
  • In a class action, a decision made by the court is binding as to every participant who has chosen to stay within the class. In fact, it is the court’s decision to determine who is considered to be in the class. All individuals who meet that description are bound by the final decision, whether or not they actually appear in the lawsuit. In some cases, even an individual who did not know about the lawsuit until it was over is bound by the court’s decision.
  • There are different ways that payments can be made to the participants in a class action. Usually, the court will develop, with the input of the parties, a Plan of Distribution of class fund proceeds. In some situations, participants in the class may receive a percentage of the fund; in other situations they may receive a certain dollar figure. In still other situations, some attorneys may press for an individualized and in-depth review of each participant’s claim, although this method may be counterproductive in large class actions.

Examples of Medical Class Actions

  • Intrauterine devices (IUDs) such as the Dalkon Shield
  • Norplant contraceptives
  • Orthopedic screws
  • Breast implants
  • Penile implants
  • Pacemaker wires
  • Tobacco litigation
  • Fen-Phen diet pills

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