How does a Group Action Claim work?
A group action claim is generally made when one issue or problem affects multiple people. There is often only one person or company at fault as well, but their negligence can cause problems for thousands or even millions of people.
A group action claim allows all the people adversely affected to come together and claim against the defendant(s) in one large set of efficient proceedings. Bringing a group action claim has many benefits as multiple victims can use shared evidence and unite on a “strength in numbers” front as opposed to each person having to bring their own personal claim to different courts across the country.
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Can you make a Group Action claim on a No Win, No Fee basis?
In short, the answer is yes.
Normally, all you’re doing is joining with a number of others in a legal action for justice. If we, as a law firm, think there are strong enough prospects for succeeding with the case, we may be able to offer a No Win, No Fee arrangement.
With us, No Win, No Fee means quite literally: if you don’t win your case, you don’t have to pay us anything, subject to the terms and conditions of the agreement of course.
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The class-action suit against Sanofi over epilepsy drug linked to birth defects
Thousands joined together to bring a class action case against French drug company Sanofi for allegedly not warning expectant mothers of the adverse side-effects of taking the epilepsy drug Depakine/Depakote. French newspaper Le Canard Enchaine reported that over 10,000 pregnant women were given this drug between 2007 and 2014, and it’s suspected that around 450 children may have been born with congenital defects due to exposure of the drug whilst in the womb.
Epilepsy drugs have been in focus in the news recently, and when it comes to birth defect claims, it’s always a very serious matter indeed.
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Lidl gravy was once found to have been contaminated with paint thinner ingredient!
Here’s an unusual story from around this time last year. Reportedly, dangerous amounts of Xylene were found in Lidl’s Kania Meat and Kania Chicken Gravy Granules, leading to Lidl recalling the products and offering full refunds to customers.
As the countdown to Christmas has begun, one can only hope we don’t see a repeat of something like that – this year!
We don’t often cover contaminated food stories, but as budget supermarkets are becoming increasingly popular in recent times, we were reminded of this one in last year’s run up to Christmas, and decided to blog it!
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Consumer Protection Act claims – the “bread and butter” of Group Action litigation
There are many laws that protect consumers in relation to goods and services bought and ordered. The Consumer Protection Act of 1987 can protect consumers from ‘damage caused by defective products’.
Along with various other laws, this Act ensures that products and services are fit for purpose and do not pose a risk to property or cause personal injury. Producers can be liable for defective or dangerous products, and should they cause any harm or injury, the producer may be liable to pay damages to those affected.
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EpiPen maker accused of failing to investigate complaints of malfunctioning products that reportedly led to injuries and deaths
Regulators have made serious accusations that giant healthcare products manufacturer Pfizer are not investigating complaints made over alleged EpiPen device failures.
The lifesaving device contains epinephrine; a hormone that can relieve symptoms of allergic reactions, including opening airways to the lungs for easier breathing. For those who suffer from severe allergic reactions, the injection can mean life or death.
“This is a lifesaving product,” said Diana Zuckerman, president for the National Center for Health Research; but when considering if things go wrong, she said: “If it fails 105 times, that’s significant.”
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Risk of alarm failure in Accu-Chek Insight insulin pumps could lead to hyperglycaemia
Another issue with insulin devices. These life-saving devices are so important in modern society, so any issue with them is huge.
Diabetics and healthcare providers are urged to check Accu-Chek Insight insulin pump display screens regularly as the alarms on the devices may reportedly fail due to an electrical error. Manufactured by Roche Diabetes Care, the audible alarm and the vibration alarm may not work properly, therefore failing to notify the user of high blood-sugar levels.
A very serious issue indeed.
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Five deaths reportedly involving gastric weight-loss balloons
Regulators report that at least five people have died not long after receiving a gastric balloon fitted into their stomachs to help them lose weight. While authorities have not confirmed that the weight-loss balloons are the final cause of death, all five died within a month of having the Intragastric Balloon System inserted, and three of the patients died between one and three days after the procedure took place.
Given the trend, regulators will need to carefully examine what has happened and whether the cause of death is the devices being used. If it is, action needs to be taken without delay to avoid any further loss of life.
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Medical device alert issued over bi-leaflet mechanical heart valves over risk of inverted implantation
Over the past 15 years, the Medicines and Healthcare product Regulation Agency (MHRA) has been made aware of five incidents where a mechanical bi-leaflet prosthetic valve has been implanted the wrong way round because they were put in the holders upside down. The MHRA is afraid that, due to under-reporting, many more injuries and deaths may have occurred as a result.
The heart controls the blood flow in our bodies and relies on aortic valves to ensure the blood is pushed in the right direction to reach our organs and limbs. However, over time, these valves can become weak or damaged and don’t close properly which can lead to blood leaking back into the heart, making it much harder for the heart to pump it outwards to the rest of our bodies, resulting in heart failure. Artificial mechanical valves can be fitted to replace the weakened or thickened valve.
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Another Medical Device Alert for Intra-Aortic Balloon Pump for a different fault!
The Medicines and Healthcare products Regulatory Agency (MHRA) has issued another medical device alert for intra-aortic balloon pumps, made by Maquet/Getinge. The alert closely follows the one issued over the Datascope Corp’s similar devices that were found to have an electrical fault.
This new alert identifies a “false blood detection alarm and/or fluid ingress” that can also risk failure of therapy to patients. The medical device is used to help the patient’s blood flow, pumping at the same rate as a heartbeat, and is usually used for patients whose hearts may not be strong enough to function alone.
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