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What You Need To Know About Medical Class Action Lawsuits

What You Need To Know About Medical Class Action Lawsuits

Every patient has consumer protection rights with their health insurance, prescription drugs, medical devices and healthcare facilities. If you’re part of a group of individuals who have faced a common injury from one of these entities then you have a right to file a medical class action lawsuit. 

This civil litigation is filed on behalf of a group of individuals or business entities who have suffered common injuries by the same liable party. This also includes at least one individual or entity acting as the representative of that group.

Although this type of lawsuit can be more complex than other litigation, the plaintiffs can use their strength in numbers to stand a better chance of winning their case than if they filed individually. Medical class action lawsuits are one of the most common class action lawsuits involving state or federal laws.

Characteristics of a Medical Class Action Lawsuit

A medical class action lawsuit has several characteristics that differ from other litigation including:

  • A large number of individuals suffering similar injuries as a result of the same defendant’s conduct
  • Individual lawsuits would not be practical due to the large number of individuals affected
  • The legal representation for the group is consolidated with one legal team
  • Costs of legal counsel are shared by the group rather than placed on one individual
  • The representative plaintiff files the lawsuit on its behalf, as well as on behalf of the other affected individuals

Common Types Of Class Action Suits In Healthcare

There are several common examples of medical class action lawsuits. Just some of these include, but are not limited to, the following:

  • Unlawful promotion of prescription drugs by pharmaceutical companies
  • Unlisted drug side effects that cause significant harm
  • Death or permanent injury caused by medical devices
  • Medical Tort
  • Defective products in healthcare

Understanding Medical Class Action Lawsuit Payouts

After the presiding judge reviews the settlement offer in a medical class action lawsuit and determines that it provides fair restitution for the damages incurred, the settlement amount is divided. With multiple plaintiffs requesting fair and adequate compensation, the settlement money is usually distributed as follows: 

  1. The representative of the group receives their compensation. 
  2. The attorneys representing the group receive their percentage to cover legal fees and other related costs. The court often restricts the amount the lawyers can receive to ensure fairness.
  3. The remaining settlement money is divided among the rest of the affected individuals. 

Zimmerman Law – Medical Class Action Lawyers in Chicago, IL

At Zimmerman Law Offices, we believe everyone deserves to be represented by a knowledgeable, experienced legal team regardless of their financial circumstances. This is why we operate on a contingency basis – you only pay if and when we win your case.

If you or a loved one find yourself in need of a seasoned, Chicago class action lawyer with a history of successful cases for victims of medical malpractice or other healthcare legal issues, look no further than Zimmerman Law Offices. Call to schedule a non-obligation consultation with one of our dedicated legal team members today. 


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