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Do I have the right to file or join a class action pharmaceutical lawsuit?
You have the right to file a lawsuit—also known as standing to file a lawsuit—if one of three things is true. You may pursue a case if:
- You are the person who was injured by a pharmaceutical manufacturer’s defective product or the marketing company’s failure to warn you of the side effects.
- You represent the estate of someone who died because of defective product or failure to warn.
- You are the legal guardian of someone under the age of 18 who was hurt by a defective product or failure to warn. In this case, you would be pursuing a lawsuit on the minor’s behalf.
It is not enough to be scared about potential side effects or to be inconvenienced and have to change medications. Instead, you typically need a physical injury in order to pursue legal action in Illinois.
Who Is the Named Plaintiff?
In class action cases there are typically one or more plaintiffs designated as the lead plaintiffs in the case. The plaintiffs have their names in the name of the lawsuit. In Illinois, you can be a lead plaintiff if you have a valid cause of action on your own and if your interests represent the interests of the class.
How to Get Started
If you believe that you have standing to sue and you want to pursue justice as the lead plaintiff or as part of a class of plaintiffs in a pharmaceutical class action case, then your first step should be to contact an experienced pharmaceutical class action lawyer. You must file your case before the statute of limitations expires and in accordance with all court rules. An attorney can help you do that and can help you get the recovery that you deserve by fighting hard to protect your rights. To learn more about how a class action case works, we invite you to start a live chat with us or to call us to schedule a free consultation at your convenience.
How long do I have to file a pharmaceutical class action lawsuit in Illinois?
In Illinois, the statute of limitations in a class action case depends on what kind of case is filed. The state statute of limitations is found in the Code of Civil Procedure, 735 Ill. Comp. Stat. 5/13-201. According to this law, you generally have two years to file a lawsuit after a personal injury, such as an injury that might occur after a drug is defectively manufactured or negligently marketed.
In some cases the statute of limitations may be extended. For example, you may have more time to file a case if:
- You were under the age of 18 when you were hurt and your parents or guardian failed to take action on your behalf.
- You did not know, and could not have reasonably known, that you were hurt yet.
- You were mentally or physically incapacitated.
If the drug company believes that your statute of limitations period has expired, then it is up to the drug company, as the defendant, to raise the issue and prove that it has in fact expired.
Statutes of Limitation Issues Can Be Complicated in Drug Injury Cases
The statute of limitations can become a contested issue in your drug injury case. Accordingly, it is important to understand the general rule and common exceptions to the rule, as described above. It is also important to know that if your case is consolidated into multi-district litigation in a federal court outside Illinois, the Illinois statute of limitations will likely still apply to your case if you originally filed your lawsuit in our state.
If the defense successfully argues that the statute of limitations expired before you filed your case, then you will not be able to recover damages for your injuries. Thus, you need to take action quickly and you need to be sure that your rights are protected. Call us anytime or start a live chat with us at your convenience and let us help you protect your legal rights and potential recovery after a medication or medical device injury. We would be pleased to explain how a pharmaceutical class action case works and to provide you with a free consultation.
If the FDA knew about the potential dangers of acetaminophen overdoses in the 1970s, why wasn’t my family warned before my spouse died? Should we call a Bloomington class action lawyer?
We are sorry to hear about the death of your spouse. It may be frustrating to know that in 1977, an expert panel advised the FDA that additional warnings should be added to acetaminophen medication labels about the potential risk of liver damage. The concern, even then, was about the possibility of serious or fatal liver damage when too much acetaminophen was taken at one time.
However, it wasn’t until Tylenol’s labels began to be changed in the 1990s and 2000s that the manufacturer specifically acknowledged a link between overdoses and liver damage on consumer packaging. Today, questions remain as to whether the warnings provided on Tylenol labels (and on other drugs containing acetaminophen) are sufficient.
If you suffered liver damage or if a loved one died from liver damage after an acetaminophen overdose, then it is important to contact an experienced Bloomington class action lawyer for help. In some cases, a drug company’s failure to provide adequate warnings to patients or consumers can mean that an injured party, or his or her survivors, will be able to recover damages.
For more information about your specific case we encourage you to contact a Bloomington class action lawyer today to schedule a FREE, no obligation consultation about your legal rights and possible recovery. Our Illinois class action attorneys welcome your inquiry via this website or by phone at 309-827-4800 or 866-532-4800.
Should I contact an Illinois class action attorney if I’ve been hurt by an antibiotic that was approved by the FDA and taken by many people? Can I sue?
Yes, you may be able to sue if you have been hurt by an FDA-approved antibiotic drug that was safely taken by many other people. Some families know firsthand about the significant complications from at least one common antibiotic. Last year a study was published in the New England Journal of Medicine that surprised many people. The study found that a five-day course of azithromycin (also known as Zithromax or Z-Pak) resulted in a higher risk of fatal cardiac complications than other types of antibiotics (such as amoxicillin) that could be used to treat the same bacterial infections.
Now, the FDA has issued a warning letter to doctors and the public and approved a change to Z-Pak labels that explain the risk of cardiac problems. While the information is important, it was not always available. The risks were not well known prior to May 2012, and in 2011 alone more than 55 million prescriptions were written for the drug in the United States. It has been reported that some people died from heart complications caused by the Z-Pak medication.
If you have been hurt—or if you have lost a loved one—because of the side effects of an FDA-approved antibiotic or other medication, then you may be able to sue for damages even if that drug was taken safely by millions of other people.
For more information about your individual rights and to speak with an experienced Illinois class action lawyer about your possible recovery, please call us today at 1-800-800-5678 for a free consultation.
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.
If I had a problem with the software related to a medical device, could an Illinois class action attorney still help me start a class action against a medical device company?
It’s hard to say without more details, but problems with the software a medical device uses would likely be treated in the same way as a problem with the device itself. In fact, a recent FDA study shows that almost a quarter of the medical devices that are recalled each year are recalled because of problems with the software. The FDA has even recently said it plans to implement new technologies that make it easier to spot potential problems and will delay medical device companies that are releasing their products with software that is unsafe, poorly written, poorly tested, or susceptible to cyber attacks.
If you have already suffered an injury from a defective medical device or associated software concerns, then you may be able to seek compensation for the medical bills, lost wages, and pain and suffering you have been put through. Although it is impossible to determine if you have a case without more information about your personal experiences with the device or software, you may have the option of pursuing either a personal lawsuit against the company or joining a medical device class action in Illinois.
Our experienced Bloomington class action lawyers are available to help you today, and we would be happy to review your potential case in a completely FREE, no-obligation legal consultation to about your options and plot a course of action. Don’t wait until it’s too late to pursue compensation for your injuries—speak with us today at 866-532-4800 or fill out our easy and confidential online contact form.