Zoloft Class Action Lawsuit
A class action lawsuit is one in which a large group of people with similar complaints or injuries file a legal claim together against a manufacturer, and possibly others, involved in the sale and distribution of a defective product. They agree to abide by the outcome and share any monetary settlement. Many such product liability suits with numerous plaintiffs stem from defective and dangerous medicines, such as Zoloft. Unfortunately, a class-action lawsuit has not yet been organized for consumers who have suffered from the use of Zoloft. However, there is another avenue for Zoloft patients to band together and seek compensation and legal justice from Zoloft manufacturer Pfizer.
Private vs Class Action
Consumers who have taken Zoloft and experienced its many serious complications firsthand, or who were prescribed the drug while they were pregnant and have a baby with birth defects, can file a private lawsuit against the manufacturer in state or federal court. State courts generally are believed to favor the plaintiff, while federal courts are thought to lean toward the defendant. For this reason, many patients choose to use state courts first to seek their legal justice.
After many cases involving the same product are filed in federal court, however, a judicial panel may decide to consolidate the lawsuits into a multidistrict litigation (MDL). An MDL allows the judge to streamline the pre-trail motions for all the cases by sharing the results of the discovery process. Unlike a class-action lawsuit, however, plaintiffs in an MDL still are entitled to individual trials and settlements.
So far, about 100 Zoloft lawsuits have been filed in the United States and consolidated into an MDL in the U.S. District Court for the Eastern District of Pennsylvania. Judge Cynthia M. Rufe is overseeing the MDL, and the first conference to organize the lawsuits will be this summer. No trial date has been set yet.
Choosing a Law Firm
Consumers have the right to expect that medicines approved by the U.S. Food and Drug Administration (FDA) are safe and will not cause them undue harm or irreversible damage. By the time the drugs are marketed and sold, they should have undergone years, if not decades, of research and rigorous clinical trials. Unfortunately, though, some defective products still make it on the shelves. In all fairness, manufacturers may not realize the complications until humans begin taking the drugs. But when they do, the medicines should be recalled -- not left for unsuspecting consumers so that Big Pharma can rake in more profits.
If your health has been compromised by Zoloft, you may be entitled to compensation. A monetary settlement will not change the pain and suffering you or your baby have endured, but it can ease the financial burden of the mounting medical bills. It is important to select a qualified attorney to represent you in a Zoloft lawsuit.
When choosing a law firm, be sure to ask several key questions. First, do these attorneys specialize in product liability or personal injury cases? If so, how many Zoloft or similar antidepressant lawsuits have the attorneys tried? Your goal is to find a firm with plenty of experience in this specific arena.
Next, how do the attorneys collect their fees? Typically, plaintiffs in these cases agree to pay the law firm a percentage of any settlement. If no money is recovered, there is no lawyer bill. However, this is not always the fee structure, so make sure to ask before signing on as a client.
Finally, do you have a good rapport with the attorneys who will be representing you? You will want to work with someone with whom you feel comfortable sharing personal details about your health and whom you believe will fight for your best interests.
You can begin this process by calling one of our attorneys at 1-800-735-8751.