Illinois | FAQs

Do I have the right to file or join a class action pharmaceutical lawsuit?

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Illinois law restricts who can file a pharmaceutical class action 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:

  1. 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.
  2. You represent the estate of someone who died because of defective product or failure to warn.
  3. 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.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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