Disclaimer: The content of this article should not be taken as legal advice and should only be used as a resource to provide information about diabetes drug class action lawsuits. You should always seek the services of a lawyer specializing in class action cases to give you a more in-depth view of this matter.
Your father has diabetes. You and your family members have been providing sufficient funds for your father to ensure that he takes his medication on time and that he’s able to meet his doctor appointments on time. For the longest time, everything has been going relatively well. And lately, your family has decided to acquire new medicines for your father for diabetes, as recommended by some of your friends who also have diabetes. During the first few weeks of using the new medicines, everything turned out okay. Your father was doing well and was still able to do activities that he enjoys. However, after a few months of using these more affordable medicines from the same supplier, you’ve noticed that your father has been coughing too much and gradually becoming weak. You asked some of your friends if they too have had the same experiences in using the medicine, and to your surprise, they did. And they have been experiencing the same side effects as your father, and some even worse. Because of this, you and your friends who have been using the medicine decided to file a diabetes drug class action lawsuit.
One example of a lawsuit against pharmaceutical companies is one involving the Invokana drug, that was prescribed to millions of people with Diabetes. Thousands of claims have been filed against Johnson & Johnson and Janssen Pharmaceuticals by individuals who have suffered injuries as a result of taking Invokana. The lawsuits are presently combined before a federal judge in New Jersey where all of the national discovery and evidence gathering is taking place.
According to the Levin Papatino Law Firm, lawyers are arguing the following:
- Invokana is defective and unreasonably dangerous.
- Johnson & Johnson was negligent in the manufacturing of the drug.
- The company failed to properly test the medication, and failed to warn of the increased risks of amputations, kidney failure and ketoacidosis.
- Johnson & Johnson concealed evidence of the dangers from the government and the public, and misrepresented the safety of the drug in its marketing material.
You along with the fellow victims would never want any hassle, but because health is at stake in the issue, all of you decided to take legal action. And of course, you would want to win the case. You want the company to be responsible for the side effects of their medicine. You also want the public to be made aware of this medicine’s side effects so the number of victims will not grow over time. For you to achieve these goals, keep in mind the things presented in this article:
What makes a class action lawsuit different?
Unlike usual lawsuit cases wherein there’s only one person (plaintiff) suing another person (defendant), a class action lawsuit involves a group of people with the similar injuries caused by the same products and have decided to sue the defendant as a group. If you’ve joined together with people who have experienced the same side effects as your father’s, you’ll be having a class action lawsuit against the company manufacturing those diabetes medicines.
What are the phases of class action lawsuit?
Since the lawsuit basically involves a lot of people, the phases involved are also different. Some processes are different compared to usual lawsuit cases. Listed below are the following phrases, in addition to the common procedures, that are applied to all civil lawsuits:
- Parties should ask for the complaint to be certified as a class action from the court: After a complaint has been made and filed, the plaintiffs should ask from the court that the case is certified as a class action lawsuit. There must be enough number of plaintiffs for a case to be certified as a class action case. The union must involve plaintiffs who have been experiencing the same issues.
- Members of the class are notified: Once the class action has been approved and certified by the court, the members of the class are then notified of any updates. Usually, courts would require that notification would be provided in writing if the addresses of the class members are discoverable. Most of the class actions taken in court are made public in different mediums available, such as newspapers and other online platforms.
- Class actions usually settle: Most of the time, class actions usually settle before going to trial. All of the people involved will be saved from attending numerous court hearings once this happens. However, before a class action can be settled, the court must call a hearing to ensure that the settlement was fair and adequate. The settlement includes how the defendant is going to distribute compensation to all of the class members. Contrary to popular belief, the compensation isn’t only limited to the finances but can also include free service and rebates from the defendant.
- The payment will be administered: Once the court approves the settlement, the court will then oversee the payout administration as not all class members take advantage of such settlement. Once not all of the class members exercise their rights to seek the settlement, the unused funds will be with the defendant(s).
As A Conclusion
It’s serious business when a person’s health is at risk. You’re using your resources to ensure that someone you care for is healthy and could live longer, and not worsen the problem at hand. And if you think that filing a lawsuit is the best way to go with your situation, go ahead. Just don’t forget to always consider the things presented in this article and make sure to work with an attorney who has experience in class action lawsuits. All of these elements are essential to winning a diabetes drug class action lawsuit.