Did you know that the Philips company has been facing a massive product recall? It happens after their CPAP products harmed its several customers. You can learn more on CPAP recall here. Those products were recently withdrawn from the market due to their defective designs. The injuries resulted from using these defective CPAP products are cause mostly by the chemical PE-PUR off-gassing. It leads to many severe coughs, hypersensitivity, nausea, and vomiting. This has led to new class-action lawsuits. What is a class action? Let’s take a look at a guide to the class-action lawsuit.
Overview of the Class-Action Lawsuit
In a class action, an individual attorney or law firm represents a group that has been harmed in the same way. The injustice may take the form of a physical injury caused by a commercial product or a financial loss caused by a company misleading consumers. In the early 1990s, class action lawsuits were filed on women who had harmed silicone breast implants. Now attorneys are filing class actions for people who Vioxx or Bextra has injured.
Pros and Cons of the Class-Action Lawsuit
Class actions have both advantages and disadvantages. They allow groups of people to take their cases to court, potentially thousands of people. Individuals do not have to file separate lawsuits. Federal and state courts could be overwhelmed by thousands or even tens of thousands of similar cases if they receive thousands of individual cases against one company.
In addition, individuals who have not yet suffered enough damages to warrant a lawsuit against the company can seek compensation through a class action if the injuries were cumulative.
Procedures in the Class-Action Lawsuit
It is up to the courts to decide whether a case should be handled in a class action. The court must determine whether the claim’s merits warrant such a course of action and whether the lawyer or law firm in question can adequately represent the injured parties. Only one or two class members need to appear in court if you decide to try the case as a class action. They will represent the class, but all class members don’t need to be present at the hearing.
The attorney will notify all parties involved in the class action once the case has been certified as a class action. If they do not want to be represented by the lawyers involved, they can opt-out. If the case is successful, those notified will be included in the award and will receive a portion of the prize unless they choose not to participate. Individuals who opt-out may seek legal representation on their own or file a lawsuit.
Class actions can take many years to complete, especially if the losing party appeals. However, it is not uncommon for class actions to be settled out of court. If you find yourself in a situation where a lawsuit may be necessary, you should consult an experienced attorney.
