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Who has the right to be part of a pharmaceutical class action case in Iowa?
Before you put any energy into pursuing a legal recovery from a pharmaceutical company, you need to know whether you have standing to be a plaintiff in a pharmaceutical injury case.
What Is Standing?
Standing means that you have the legal right to bring a claim in an Iowa court.
Generally, you will have standing if:
- You were physically injured by the medication or medical device.
- You are the legal guardian of someone under the age of 18 or someone whose guardianship has been determined by the court and that person was physically injured by the medication or medical device. In this case, you would have standing to bring a lawsuit on that person’s behalf.
- You are the administrator of an estate and the person who passed away died because of the mediation or medical device. In this case, you have standing to bring a lawsuit on behalf of the estate.
You do not have standing to sue simply because you could have been hurt or you were afraid of being hurt. Instead, you must prove that you have suffered specific and actual injuries.
What Happens If You Don’t Have Standing?
If you file a lawsuit and you don’t have legal standing, then the defendant has the right to file a motion to dismiss with the court. That motion would claim that you lack legal standing to bring a lawsuit. If the defendant’s legal team is correct in its interpretation of the law, then the judge will grant the motion and your case will be over. You will have gone through the effort of bringing a case and you will not recover any financial damages for your efforts.
Thus, it is important to determine whether you have standing before you take action. To learn more about how pharmaceutical class action cases work in Iowa, please browse our website or contact us at any time to schedule your free, no-obligation consultation.
How long do I have to file a lawsuit after a medicine or medical device leaves me injured?
Your time to file a lawsuit is limited. Each state, including Iowa, has what is known as a statute of limitations. This law explains how long you have to file a claim. If you fail to file your case before the statute of limitation expires, then you may be unable to recover damages.
What Does the Law Say?
Iowa Code §614.1(2) provides people who have suffered a personal injury with two years to file a lawsuit. Typically, the statute of limitations begins running on the date that the injury occurred.
There Are Exceptions
As with most legal rules, there are exceptions to the statute of limitations. You may have more than two years from the date on which the injury occurred if:
- You could not have reasonably discovered that you were injured on that date. Some injuries from defective pharmaceutical products are not immediately apparent. In these cases you wouldn’t know that you were hurt until you started to exhibit symptoms of illness or injury. If this applies to you, then your two-year time limit to file a case begins when you knew, or should have known, that you were hurt.
- You were a minor (under the age of 18) when you were hurt. If your parent or guardian failed to take legal action on your behalf then you have either two years from the date of your injury or until your 19th birthday to take action.
What If You Don’t File Within the Required Time?
If you file your case in court after the statute of limitations has expired, then you can expect the experienced attorneys for the pharmaceutical company to motion the court to dismiss your case. If the judge agrees that the time for filing a case has expired, then your case will be dismissed and you will be unable to recover any damages—regardless of the significant injuries that you suffered.
Accordingly, it is important to understand how an Iowa pharmaceutical class action case works as soon as possible. Please browse our website or start a live chat with us today to learn more and to make sure that your rights are protected.
My son received the MMR vaccine, but he still contracted the measles. Do I have a case against the vaccine manufacturer?
Your son—and you—suffered through the pain of the measles, mumps, and rubella (MMR) vaccine when he was a toddler and again before he entered kindergarten. You did it to protect your child from the greater pain of catching one of these uncomfortable and potentially dangerous diseases.
However, now—years after your son received his second dose of the MMR vaccine—he has one of the very diseases that you were trying to prevent.
He Has the Measles
You may be upset and, understandably, disappointed, but you do not have a case against the company that made the vaccine. According the Centers for Disease Control and Prevention (CDC), the MMR vaccine is 95 percent effective after the first dose and almost always effective after the second dose. However, it is not 100 percent effective. Some people who get the vaccine may still develop measles if they are exposed to the illness. That does not mean that the vaccine manufacturer was negligent. Additionally, your child did not suffer any additional harm because he received the vaccine. He did not suffer a side effect, nor did the vaccine make the measles worse when he contracted it.
Accordingly, you do not have a potential case against the vaccine maker and you should, instead, work with your child’s doctor to get him the medical care that he needs to recover. You may also want to try to determine the “source” or the person or place where your son was infected, so that action can be taken to prevent further spread of the measles.