Our law firm is currently investigating potential class action and single party claims against the pharmaceutical manufacturers of Nizoral (Ketoconazole). According to current studies and warning issued by the Food and Drug Administration (FDA) the used of the ani0fungal medication Nizoral can result in significant medical complications including severe cases of liver damage and liver failure. Other medical complications associated with the use of the anti-fungal medication include damage to the adrenal glands and heart arrhythmia. Legal Assistance: Our attorneys are providing free no cost legal evaluations for individuals suffering severe side effects due to the use of Nizoral. If you have any further legal questions or would like to schedule a case review with a Nizoral Attorney feel free to contact our law offices toll free (855)385-2529.
What is a Class Action LawsuitA class action lawsuit can take place when a large number of victim plaintiffs have an identical or nearly identical claim against a single liable party defendant. There are several elements that have to be shown before a class action claim can commence in the court of law. 1. Numerosity – There is a large enough number of victims to make filing a single party claim for each individual impracticable. 2. Commonality – Plaintiffs in a class action lawsuit must have a common or near identical legal or factual complaint against the defendant. 3. Adequacy of the class head – In a class action lawsuit one plaintiff out of the many who have joined will be identified as a head of the class action and will represent all other member of the class in court. The class head needs to be an adequate representative if the other members and need to have sufficient legal counsel to be able to adequately represent the other members. 4. Typicality – the claims of the plaintiff are identical or nearly identical to those of the other class members.
Should I Join a Class Action Against Nizoral or File a Single party ClaimClass action settlements do not apportion the amount recovered based on the severity and magnitude of the injuries suffered. Instead settlement amounts are usually awarded equally amongst all class members. For example if one class member has suffered injuries amounting to approximately $100,000 and another has suffered a less severe injury amounting to $25,000 the amount both will receive as compensation will be equal. In these instances single party claims where an injured victim file a personal injury lawsuit in his or her own behalf may be more beneficial.
Proving Your Case in the Court of Law – Product Liability ClaimsDangerous drug side effect lawsuits are predicated on proving one of three distinct defective product causes of action. 1. Defect in the design of the medication: Proving a design defect often requires showing the presence of and failure to use a drug design at the time of production that was substantiality safer that the design placed into production. 2. Defect in the manufacturing process of the drug: In certain circumstances drug manufacturers attempt to reduce the cost of production resulting in an increased risk of adverse health effects to the end user. 3. Labeling defect -failure to warn: Drug manufacturing companies have a duty to provide adequate warning of the dangers associated with the expected common use of their products. Compensation for Your Injuries: Under defective product laws victims of severe medical complications due to the use dangerous drugs are entitled to full and just financial recovery for all their losses including
- All current medical and health related expenditures
- All future medical and rehabilitation care costs
- Pain and suffering including PTSD
- Loss of current income and loss or reduction of future income
- Punitive damages – can be awarded where the defendant displays a reckless, intentional or wanton disregard for the life and health of individuals who used the product.