Ocella Class Action Lawsuit 2013: Birth Control Side Effect Claim

What Is A Class Action Lawsuit
Class action lawsuits take place when there are a significant number of plaintiff victims with a similar or nearly identical claim against one defendant. In a class action lawsuit one of the class members is chosen as the head of the class, and acts as a representative for all other claimants. Class actions lawsuits require certification by the jurisdictional court. Certain criteria which needs to be met in order to certify a class action claim are as follows.- Numerosity: There are a large number of independent victims.
- Commonality: A similar cause of action base on an issue of law or an issue of fact in present amongst the members of the class.
- Adequacy: The class representative is able to adequate represent the claims of the other class members in the court of law.
- Typicality: The issue at law or fact of the class head is typical of those of the other class members.
Proving Your Case in Case In Court – Filing A Product Liability Lawsuit
Dangerous drug side effect cases are based on being able to prove one of three distinct product liability based causes of action. 1. Defect in the original design of the product. A design defect can be proven by showing the existence of an alternative bus not used design with a similar level of efficacy but a significantly lower level of reduced harm as the time of production. 2. Defect in the manufacturing process so that the final distributed product is markedly different and as a result significantly more dangerous than it original intended design. Compensation Available for Victims: Victims of dangerous contraceptive birth control medication resulting in serious medical health complications are entitled to compensation for all their losses. The value of a product liability lawsuit is dependent on several factors. The most important factors in determining the value of a case are as follows…- The severity or magnitude of the injuries suffered
- The level of emotion trauma sustained – Pain and Suffering compensation
- Lost wages and loss of future income due to continuing disability
- Future medical care, rehabilitation and nursing care expenses
- Availability of punitive damages – punitive damages can be awarded where the manufacturer of a drug failed to properly warn consumers of known or knowable dangers associated the use of their product.
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