Is it possible to pursue a defective drug injury claim as a class action?

Yes, it is possible to pursue a defective drug injury claim as a class action in California. A class action is a legal procedure that allows a group of people to join together and file a lawsuit against an entity—like a manufacturer of a defective drug—for an injury that resulted from the use of the drug. This allows individuals to combine their cases against the manufacturer and receive compensation for their shared damages. Class action claims are filed by a lead plaintiff or representative of the entire class. In California, state law allows class action claims for defective drug injury cases. A plaintiff must prove that the defect was due to a manufacturer’s negligence or that the drug was mislabeled or disfigured. When proving a defective drug injury, a plaintiff must also show that the drug caused them harm, such as illness, injury, or death. When filing a class action in California, the plaintiff must show that the drug was shared by multiple people, causing the same injury. This means that the individuals must suffer the same kind and extent of injury, usually through the same use of the same drug or medical device. If this can be proven, then the plaintiff may be able to pursue a class action lawsuit. It is important to note that there are time limits for filing a class action claim. In California, the statute of limitations for defective drug injury claims is two years from the time of the incident. So if you think you have a case, it’s important to consult with a lawyer as soon as possible.

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