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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.