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Does there have to be an FDA recall in order to file a pharmaceutical class action case?

No, there does not have to be an FDA recall of a prescription drug in order for you to file a pharmaceutical class action case or to join an existing class action.

While it would be nice if the FDA could prevent dangerous medications from being on the market, or at least make sure that dangerous medications were promptly pulled from the market, it doesn’t always work that way. The FDA isn’t always able to catch potentially dangerous drugs before they hurt people.

You Can Still File a Case If You Meet the Requirements

Whether or not the FDA issued—or will issue—a recall may not matter, but there are other things that must be true if you are going to file a pharmaceutical class action case in Wisconsin, Iowa or Illinois. For example:

  • You must be able to prove that your injury or illness was caused by a specific drug.
  • There must be a group of people who have suffered similar injuries or illnesses after using that drug.


Then, together, you may be able to form a class action and bring a lawsuit against the pharmaceutical company that made, advertised, or distributed the drug. Together, you can share in the litigation costs and potential recovery.

Learn More About Your Rights

Your recovery is important. Please browse the free library articles on our website and contact us directly if you have questions about your legal rights or potential recovery. You can also browse our free offers and learn more about your rights after a specific drug has caused you harm.

Jason F. Abraham
Managing Partner, Hupy and Abraham