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Are Individual or Class Action Lawsuits More Appropriate for Me?

It is important to know whether you should opt for an individual or for a class action lawsuit. Joining class action lawsuits may be more efficient for patients who suffered minor to moderate injuries. If the use of a certain pharmaceutical product resulted in severe injuries or even wrongful death, patients or relatives are advised to file individual lawsuits.

Defective drugs can cause serious injuries to patients and when that happens, they are entitled to monetary compensation. Injured patients can file pharmaceutical lawsuits against manufacturing companies either as individual lawsuits or as part of a class action lawsuit. Class action lawsuits are ongoing against several prescription drugs, so individuals injured by these drugs can choose to join or to file an individual claim.

Joining class action lawsuits is recommended for patients who suffered minor to moderate injuries. The number of plaintiffs can impress a judge or jury when the severity of their particular injuries would not.

On the other hand, patients who suffered severe injuries or even wrongful death as a result of a defective drug are advised to file individual lawsuits. By presenting one single case, an attorney can make sure the judge or jury will fully understand the severity of the injuries and the long-term consequences, both the financial and the emotional ones.

Let us take Actos, for example. Actos is a prescription drug used for the treatment of diabetes. Due to the nature of the disease, patients require long-term treatment. However, long-term use of this drug has been found to develop some very serious side effects, heart failure being among them. In case a young and otherwise healthy patient suffered fatal heart failure as a result of taking Actos, the surviving family should file an individual lawsuit against the drug manufacturing company.

The same course of action is recommended for mothers prescribed with certain antidepressants during pregnancy. Some antidepressants from the selective serotonin reuptake inhibitor class, especially Paxil, Zoloft, and Prozac are known to cause birth defects if taken during pregnancy, especially in the first trimester. Parents of children born with serious birth defects, for example, heart defects, persistent pulmonary hypertension, cleft lip, and palate, as a result of antidepressant treatment are more than entitled to file individual pharmaceutical litigation against the manufacturing company.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.