A surgeon’s error might generate a medical malpractice lawsuit with one plaintiff. An interstate pileup might generate a dozen plaintiffs. Neither of these two cases will overburden a well-functioning judicial system. But what happens when a defectively manufactured medical device injures thousands of people?
That is when the need for a class action lawsuit, where a court combines many potential lawsuits into one, becomes obvious.
The Need for Class Action Lawsuits
Imagine a widely used, defectively designed prescription drug that caused internal bleeding in most of the people who took it. This could result in hundreds of thousands or even millions of product liability claims.
Now imagine hundreds of thousands of trials proving the same facts thousands of times each. Not only would this waste administrative resources, it would inevitably result in inconsistent judgments that would result in inconsistent judicial precedents.
How Class Actions Proceed
Following is a step-by-step description of the typical class action process:
Step 1: Filing the Complaint
A class action starts when an injured plaintiff files a formal complaint with the appropriate state or federal court. The complaint must state that it is a class action and ask the court to certify it as such. It must also define the class. Here is a hypothetical example:
“All patients who underwent [Surgery Type X] and experienced complications due to a defective medical device manufactured by [Defendant Corporation Y] between 2018 and 2023,”
Step 2: Certifying the Class
The court will certify the class, or deny certification, based on the following standards:
- Numerosity: The class must include a minimum number of members–typically, several dozen. The very largest classes include millions of members.
- Commonality: The court must be able to identify at least one common issue of law or fact among class members (preferably more).
- Typicality: The plaintiff who originally filed the lawsuit (the “named plaintiff”) must be asserting a claim that is typical of the class.
- Adequacy: The named plaintiff and their lawyer must be able to adequately represent the interests of the entire class since other class members won’t be participating in the lawsuit.
Other considerations might apply as well, depending on the case.
Step 3: Notifying the Class
The representative plaintiff and their lawyer (under the court’s guidance must notify the class members that the court will include them in the lawsuit unless they opt out. The preferred means of notification is surface mail, but courts sometimes approve email notification. In some cases, notification might also establish a website for potential plaintiffs to access online.
Step 4: Opting Out
In the average class action lawsuit, everyone in the class of plaintiffs is bound by the lawsuit unless they opt out in writing. If they don’t opt out by the deadline, they share in any lawsuit proceeds. These proceeds might include economic damages such as medical expenses and non-economic damages (such as pain and suffering).
If a plaintiff chooses opt out, they do not share in the proceeds, but they retain the right to file individual lawsuits.
Step 5: Pretrial Discovery and Motions
Pretrial discovery is the court-supervised evidence-gathering process that includes depositions, interrogatories, and demands for the production of evidence. Motions are requests for the court to do something, such as dismiss the case or suppress certain evidence.
Step 6: Settlement or Trial
Most class actions settle before trial. However, class action settlements differ from ordinary personal injury settlements because most plaintiffs are not involved in the action. This creates a need for judicial oversight to ensure that all plaintiffs receive fair treatment. “Fair treatment” doesn’t mean every plaintiff receives the same amount. Some plaintiffs might qualify for more compensation than others. In any case, the court must approve any settlement.
If a Missouri class action lawsuit goes to trial, it proceeds in many ways like other personal injury trials. However, only the named plaintiff and their lawyer participate. Nevertheless, courts maintain a high degree of oversight to protect the interests of all class members, not only the named plaintiffs.
You Need an Experienced Personal Injury Law Firm To File a Class Action Lawsuit
Class action lawsuits are complex, difficult to certify, and often difficult to win. You definitely shouldn’t try to handle such a lawsuit on your own. And you don’t need to.
A trusted personal injury lawyer with experience in these kinds of cases can help you throughout the process while you focus on your recovery. Get in touch with an attorney today to schedule a free initial consultation.
For more information, contact the Kansas City, MO personal injury law firm of Dickerson Oxton to schedule a free initial consultation.
We serve in Jackson County and its surrounding areas across Missouri:
Dickerson Oxton – Kansas City Office
1100 Main St #2550, Kansas City, MO 64105
(816) 268 1960
Hours: Monday to Friday,
from 9 am – 5 pm