A class-action case is also known as a collective action case. It is a lawsuit brought against an entity, company, or organization on behalf of many individuals, all of whom have been harmed in the same way or suffered the same fate from the defendant.
This group of individuals is called members of the class. They don’t have to be actively involved in the lawsuit claim, but will still benefit from any favorable court decisions.
Usually; an entity, company, or organization if taken to court as an individual, it will be costly, inconvenient and will take a long time in the resolution of claims. This is what applies to pharmaceutical companies as an entity.
By making use of a class-action lawsuit, plaintiffs’ attorneys work on a contingency fee basis and invest in the highest possible investigation of the nature of the claims. Suing as a group attracts the best experts necessary to prevail on a claim.
A group of people raising a specific claim against a pharmaceutical company can gain political power when they include hundreds or even thousands of voters. Such power often cancels the monetary advantage of big corporates like pharmaceutical companies or the political connections they may have.
How Class Action Cases Against Pharmaceutical Companies Occur
Pharmaceutical companies are required to adequately test for the safety and effectiveness of drugs and medical devices before they are released into the market. But this may not always be the case, so injuries do occur from defective drugs and faulty medical devices.
The injuries damage and change the life of victims not mentioning incurring a large amount of expenditure. The side effects of defective drugs and faulty medical equipment threaten a person’s wellbeing and even leads to the loss of loved ones.
Victims of such injury or damages arising from defective drugs or faulty medical equipment have the right to sue pharmaceutical companies that were responsible. Affected groups of people should seek help from attorneys who take on big pharma to prove a case that the drug taken or medical equipment used a certain period was the cause.
For these people, it Is advantageous to sue as a group, but not as an individual for the following reasons:
Even Individuals with Relatively Small Claims Can Sue
Lawsuits are expensive, especially when a pharmaceutical company is a defendant. As an individual, your claim can be relatively small in the sense that the court process is long and costly, compared to the amount in damages you will receive.
In a class-action case, a group of people will receive fair compensation, even if their individual claims are relatively small.
Ensures Anyone is Not Left Out
Individual cases are carried on a case of a first-come, first-served basis. For example, if your neighbor goes to court for a case of $10 million against a pharmaceutical company and wins, the company might be in bankruptcy before you even stake your claim in the case you filed as another individual. So, a class action case ensures every affected victim gets to be compensated and payment is spread equally across all individuals in that case.
Strength in Numbers
As a collective of individuals, they are stronger in a case against a pharmaceutical company than in individual lawsuits. Collecting numerous cases of the same cause into one case expedites the legal process and makes it stronger for the case to undergo trial through the court system.
The number of people in a class-action suit is high, therefore this showcases that the damages caused by a drug or medical device are severe. It is easy for a pharmaceutical company to be charged guilty in such a scenario and the damages to be awarded can be measured in hundreds of millions of dollars.
It is also beneficial to the court system. Because the case is overseen by one judge in one court, there won’t be inconsistent verdicts like in numerous cases of the same kind in court. Also, a class action case will take less time to conclude than numerous similar cases in a trial at different times. This would clog up court schedules, which would make it difficult for other individuals cases to have their day in court.
Befitting Legal Representation
It is no small feat to represent a class action case as it involves thousands of pages in documentations, it takes years to develop, and requires expert witnesses to be called. Therefore, a class action lawsuit is usually handled by more experienced and competent attorneys who have gone through similar cases before.
Thus, individuals represented in a class action case are more confident than in going to trial as one person in a case. They are represented in a manner they would not have if they had pursued the lawsuit as one person.
The Chances of Compensation Are High
The numerous cases, similar in the nature of individuals filed as a class action against a pharmaceutical company is seen as likely proof of negligence in court on the part of the pharmaceutical company. It is odd that many individuals were injured by the same drug or medical device. So, there is a high chance of getting compensation.
HussaiN is a full-time professional blogger from India. He is passionate about content writing, Tech enthusiast & computer technologies. Apart from content writing on the internet, he likes reading various tech magazines and several other blogs on the internet.