Tylenol Class Action Lawsuit – Acetaminophen Liver Failure Claim 2013
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What is A Class Action Lawsuit:
Class action lawsuits are when a single individual is placed as a representative for all other members of the class. That individual will try the case on behalf of all other injured victims. Class action claims require certification with the court they are to be tried in. Certification is based on showing several elements 1. Neumerosity: There needs to a certain number of individual cases so that filing a single party lawsuit for each claim is impracticable. 2. Commonality: There needs to be common issues of fact or law amongst the members of the class. 3. Typicality: In injuries of the class member need to be nearly identical to injuries suffered by the other members of the class. 4. Adequacy of representation: The class head need to process to resources to be able to provide adequate legal representation for the benefit of all class members.Should I Join A Class Action Claim or File a Single Party Lawsuit:
In many instances joining a class action lawsuit will not be to the benefit of the individual injured party. One reason for this is that settlements are awarded to each plaintiff on a proportional bases instead of factoring in the specific level of harm sustained. For example if a class action contains 100 members and is awarded $1 million dollars then each person shall receive a proportionally equal amount of $10,000. You will be barred from filing any secondary claims even if the potential value of your injuries exceed the $10,000 mark. How to Prove a Tylenol Drug Defect in the Court of Law: Product liability cases are dependent on proving one of three distinct causes of action.- Defect existed as a result of faulty design.
- Defect in the manufacturing process of the pharmaceutical.
- Labeling defect – failure to place proper warning labeling regarding known dangers associated with the drug.
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