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Can I still pursue a class action lawsuit against a pharmaceutical company in Illinois if the drug has already been recalled?

Generally, if you have been harmed by a drug or medical device, you may pursue a personal or class action lawsuit against the pharmaceutical company—and this applies whether or not the drug or medical device has been recalled. In fact, many class action lawsuits against pharmaceutical companies aren’t even started until after the recall has been announced.

There are three main types of drug recalls that may affect you:

  • Voluntary. A drug manufacturer can initiate a recall on its own of a product. The FDA generally oversees this voluntary process.
  • Requested. If the threat to consumer health is very serious, the FDA may request that a drug manufacturer recall the product.
  • Ordered. In some specific and serious cases, the FDA may have the power to order a recall. Although most drugs are excluded, this might apply in cases of defective medical devices, infant formula, transplant tissue, and similar products.

If you have been harmed by a medication in Illinois and notice that it has been recalled, you may have several options for how to proceed depending on your circumstances, including starting a class action, joining a class action, or pursuing a personal lawsuit against the company.

For help determining the best route for you or a loved one, speak with our experienced Rockford class action lawyers today at 866-532-4800. We’d be happy to speak with you about your rights in a completely free, no-obligation legal consultation and help you on the way to getting the compensation you deserve for your medical device or drug injuries.