What is a class action lawsuit for a medical device injury?
A class action lawsuit for a medical device injury is a legal action taken by multiple people who all experienced injury or harm caused by the same medical device. All people who suffer harm due to the medical device are considered members of the “class” in the lawsuit. In Illinois, these lawsuits are usually brought in state court, although some may be heard in federal court. Class action lawsuits are an effective way to bring one claim when multiple people are affected by the same medical device. When filing a class action, members of the class generally do not need to be individually named in the lawsuit. Rather, they can be represented by a “lead plaintiff” or “class representatives.” This helps to simplify the process and allow many plaintiffs to recover damages at once. In a medical device class action, the class typically seeks monetary damages from the device manufacturer for physical or emotional injury. These damages might include general damages like medical bills, lost wages, and pain and suffering. In some cases, a class may also seek punitive damages, which are intended to punish the manufacturer for engaging in especially dangerous or irresponsible conduct. If a court approves a class action settlement, all members of the class will receive a share of the damages, even those who have not personally contributed to the lawsuit. This is why class action lawsuits for medical device injuries can be an effective way to seek justice for a large group of people who have all been harmed by the same device.
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