Medical Class Actions: Condition Critical?

Consumers can see other cases mirrored in the St. Jude situation, whether involving implants, contraceptives, diet pills or replacement knees. Because of the extreme expense of proving that a defective product caused your injury and getting medical experts to attest to that, the appeal of joining a medical class action is clear. But as the St. Jude case shows, the courts are not always receptive.

If you find yourself in such a situation, what to do?

Here are some tips:

• Make sure your case meets crucial criteria for class action consideration. Broadly speaking, there must be: a substantial number of people similarly harmed; common questions of law or fact; plaintiffs who seek similar relief from the court, whether monetary damages of replacement of a defective product; and competent legal representation for the whole class.

Read More