Victims of defective medical implants have the legal right to file single party or class action lawsuits against at fault parties including manufacturers and distributors. An important question that is frequently asked by clients who contact our law firm regarding injuries sustained by transvaginal mesh devices is, “should I join a class action lawsuit against manufacturers of transvaginal mesh or should I file a single party product liability lawsuit. Legal Assistance: There is important information victims of transvaginal mesh injuries should be aware of before deciding whether to join a class action lawsuit or file a single party injury claim against medical device manufacturers. If you have any further legal questions regarding transvaginal and pelvic mesh recall lawsuits contact our law offices toll free (855)385-2529. All legal consultations are free of charge and completely confidential.
What Is A Class Action Lawsuit:Class action lawsuits take place when there is a large number of plaintiffs who have a near identical cause of action against a defendants. Under these circumstances court place one class member as the head of the class; that individual acts as the representative plaintiff for all other members of the group. Basically a class action lawsuit aggregates all cases against an at fault party into a representational lawsuit. There are certain criteria that have to be met in order for court to certify a class action. 1. Numerosity – there exists a large number of plaintiff so that trying such cases in an individual basis would result in inefficiencies in the court system. 2. Commonality – Plaintiffs who join a class action claim must have a near identical or significantly common legal or factual cause of action against the manufacturing company. 3. Adequacy of the class representative –The class head is required to be an adequate representative of the other members including a obligation of the head 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 Lawsuit:The key issue with class action lawsuits is that unless you are the head representative of the class most of your right and powers as a plaintiff in a personal injury claim will be taken off your hands. For example you will not have any say during the negotiation process where fault and a determination of the settlement amount is discussed. Additionally if there is a settlement you are entitled to only a proportional amount of the settlement despite the severity of your injuries in comparison to other member of the class. Example: Let us say that there are 100 members in the class which you are a member of. There two sided agree to a $100 million settlement amounting to $1.00 million per person. You will not be able to receive a more than any of the other members of the class even if your injuries amount to more than $1.00 million. Types of Compensation Available for Victims of Defective Transvaginal Mesh: Victims of severe injuries caused by defective transvaginal mesh implants are entitled to compensation for all their losses. Compensation in product liability claims are based on several factors. Some of the most important factors in determining the value of your case are as follows
- The magnitude or severity of your case.
- Requirement of future medical and rehabilitation case include revision take down surgeries.
- Pain and suffering including emotional distress and PTSD resulting from injuries sustained.
- Lost wages and future loss of reduction in income due to inability to work.
- Punitive damages: Punitive damages are awarded when the defendant in a civil lawsuit displayed a wanton or reckless disregard for the life and health of consumers who use the product.