Whenever a person is injured after using a dangerous product, they are able to file a product liability lawsuit against the manufacturer, and potentially others in the chain of commerce who handled the item. In the case of dangerous medical products, sometimes there are many people who suffer the exact same or very similar injuries. In these cases, a class action lawsuit may be the best option for the injured patients.
Generally speaking, class action lawsuits are beneficial for plaintiffs because they allow a large group of plaintiffs to argue their case together. Of course, this can save on legal costs, and it can also help the individual plaintiffs in their negotiations with the defendant manufacturer. However, class action lawsuits are not always appropriate.
One of the biggest hurdles to proceeding with a class action lawsuit is “certifying” the class. Before a class of plaintiffs can proceed against a defendant in a single case, the court must certify them as an official class. There are many requirements in order for a class to be certified, but one commonly argued issue is whether the injuries are similar.
When a group of plaintiffs all present varying injuries, it may not make sense for the court to hear the case as a class action lawsuit. Similarly, if the plaintiffs’ cases present different legal issues for the court to decide, class certification may not be appropriate.
Canadian Plaintiffs Pursuing Class Action Lawsuit Against Manufacturer of Essure
The birth-control device Essure has come under fire recently, with hundreds of women reporting that they have experienced terrible side effects after using the device, including severe stomach aches, unplanned pregnancies, and miscarriages. In response, the FDA issued a “black box” warning, requiring the manufacturer to include clear explanations about the potential problems that can arise from the device’s use.
According to a recent news article, a group of about 110 Canadian women has expressed interest to their government in filing a class action lawsuit against the manufacturer of Essure, Bayer, Inc. The lawsuit claims that Bayer did not “fully disclose the magnitude of the risks associated with use,” and that this failure increased the risks of “infections, perforated organs, implant migration, pelvic pain and autoimmune disorders.” It remains to be seen how the lawsuit will progress.
Have You Used Essure and Suffered Negative Side Effects as a Result?
If you or a loved one has recently begun to suffer from any of the negative side effects discussed above, and you believe that they may be due to your use of Essure, you may be entitled to monetary compensation. Lawsuits against medical device manufacturers can be extremely complex, and they may require several medical and scientific expert witnesses. They should be handled by a team of attorneys experienced in medical device product liability. Call the Maryland personal injury law firm of Lebowitz & Mzhen, LLC at 410-654-3600 to set up your free consultation.
More Blog Posts:
Pharmacy Errors Due to Incorrect Packaging of Prescription Drugs, Pharmacy Error Injury Lawyer Blog, April 8, 2016.
Hospital Pharmacy Errors More Common Than Most Believe, Pharmacy Error Injury Lawyer Blog, March 22, 2016.