What is the process for filing a class action lawsuit in a medical device injury case?
Filing a class action lawsuit in a medical device injury case in Pennsylvania involves taking certain steps. First, it is important to collect evidence related to the injury or illness caused by the defective medical device. This includes medical records, including prescriptions, surveys, and other documentation. In addition, one should investigate any potential liability on the part of the manufacturer, wholesaler, distributor, seller, or other parties involved in the marketing chain. Second, a class action lawsuit typically requires at least one person to serve as the lead plaintiff. This individual carries the burden of representing the group and making decisions about the case. It is important for the lead plaintiff to be an individual who suffered an injury or illness caused by the medical device. Third, it is important to find a lawyer who specializes in medical device lawsuits. The lawyer should have a track record of successfully litigating similar cases and a successful settlement record. Fourth, the class action lawsuit must be filed in the appropriate jurisdiction. In Pennsylvania, the lawsuit must be filed in the court of the county in which the defective device was purchased. Once the lawsuit is filed, the parties involved in the dispute will be given the opportunity to present evidence and arguments. The court will then decide whether to certify the class action lawsuit, which will allow multiple individuals who were affected by the defective medical device to participate in the case.
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