Clindamycin Class Action Lawsuit
The C.V. NAPA lawsuit which was filed against the makers of Clindamycin is one of the first class action lawsuits in the United States to be filed on behalf of consumers who have been injured by the use of this antifungal drug. The manufacturers were aware of the risk of such a lawsuit being filed but they still marketed their drug as “safe” throughout the United States. It is currently facing legal challenges in various courts across the country. If you are one of those individuals who have been affected by this dangerous drug and are seeking compensation, it is important to understand the class action lawsuit process.
The suit was filed in Federal Court on behalf of Class Representatives of the U.S. Postal Service, the American Association of Retired Persons (AARP), the National Security Agency (NSA) and other members of the Class.
Plaintiffs were able to claim a financial reward based on the extent of their injuries. Although the Classifieds had been provided with a copy of the labels from the manufacturer of Clindamycin, the FDA did not include these in its list of ingredients.
This means that the Class was never made aware that there could be such serious side effects associated with the taking of Clindamycin.
After the lawsuit was filed, the FDA was asked to add the Class to its list of approved drugs. At this point, it appears that the agency has done nothing to remedy this situation. With no cure available and with millions of Americans suffering from this debilitating condition, the Class has little to lose.
Unfortunately, this is just the beginning of the case. There will be many more parties filing suit and trying to recover their losses. A pre-trial investigation into the manufacturing processes of Clindamycin is expected. No manufacturer has been able to defend itself from this case. In addition to having their reputation severely damaged, the manufacturers stand to lose millions in potential profits as well.
The company is facing a Class Action Lawsuit on Product Liability and a False Advertising Class Action Lawsuit.
The manufacturer has acknowledged that there was a problem with the manufacturing process, but has denied negligence per se. There are legal experts who feel otherwise. After reviewing the case, we agree with those legal analysts who believe a case should be filed with the Food and Drug Administration rather than with a private individual. The FDA regulates thousands of products including prescription medications.
The case can be brought by any individual who has suffered an injury due to the negligence of the manufacturer. Plaintiffs will have to show proof of the company’s knowledge and/or failure to act. If proven, the case can lead to a large financial settlement for the Class.
In some cases, the FDA can approve a Class Action Lawsuit against a manufacturer of a particular drug, even if another company may be responsible for the same injury.
The FDA can also settle the case outside of court, thereby avoiding a lengthy court battle. If the case were to proceed in court, the manufacturers’ defense would be that they are not liable for injuries because they follow all safety guidelines and are not aware of any safety issues concerning their drugs or treatment process.
When seeking either a lawsuit loan or settlement loan from either a lawsuit funding firm or debt consolidation service, be sure to thoroughly investigate both before signing any agreements.
Never sign a confidentiality agreement or release form without first consulting your attorney. You may be entitled to additional damages if you are unable to proceed with the lawsuit. Keep in mind that you will not be able to receive compensation if you lose your case and the manufacturer files a motion to dismiss without first having the case considered by a judge. You do not want to put yourself in a worse situation after filing your lawsuit when you have tried your best and have been unable to obtain the compensation you deserve.