Tag: class actions
Will the EU bring new legislation in to match US-style class actions?
In the UK, we largely have an “opt-in” class action system, meaning victims who may have a claim for compensation that will form as part of a Group Litigation Order (GLO) action will have to agree to pursue a claim themselves. Conversely, America have “opt-out” systems, meaning people can be included in the class case without having to confirm their participation first, and if they don’t want to be a part of it, they may opt-out.
With the growing number of large group action cases taking place in the UK and around Europe, there are calls from the EU to bring in new rules that could see us matching the American law system.
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UK government investigating the scale of harm caused by vaginal mesh implants
Our legal team have been assisting people in various situations involving harm caused by vaginal mesh implants.
The UK government review update is welcome news.
Years after the UK’s Medicines & Healthcare products Regulatory Agency (MHRA) investigated issues and decided against recalls and bans, the National Institute for Health and Clinical Excellence (NICE) has suggested the surgery should be banned, and New Zealand have become the first country in the world to put an outright ban in place.
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Will the UK follow in the footsteps of the US when it comes to group actions?
Group actions in the US – or “class actions” as they’re referred to across the pond – can consist of thousands or even millions of victims claiming for similar issues. In America, there are practically always class actions going on for all sorts of things, ranging from medical and product liability suits, to employee rights cases and data breach litigation.
Its massive over there. The question now is whether the UK is set to follow suit or not in operating in a similar way to the US.
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Product Liability Claims in Group Action cases
As a consumer, you are protected by law for defective products causing you harm. Under things like the Sale and Supply of Goods and Services laws and regulations, manufacturers and suppliers must only sell things that are, amongst other things, safe and fit for purpose.
Defective products, depending on their purpose, can create all sorts of problems, including injuries and financial loss. We have represented (and still are representing) victims for major product claims here in the U.K., such as the PIP Breast Implant scandal, the Metal-On-Metal hip device problems, and the massive VW Emissions Scandal action.
It’s a huge area of law and one we’re particularly experienced in.
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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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Apple faces lawsuit for allegedly “breaking” FaceTime on older iPhone models continues…
A lawsuit is being brought against the giant corporation, Apple Inc, for allegedly disabling FaceTime video conferencing apps on their older model iPhones. Some suggest Apple are doing this to force customers to upgrade to more expensive and newer models.
Apple attempted to get the lawsuit dismissed, but reportedly failed.
A Judge in the case ruled that customers who own the iPhone 4 and 4S models can join a class action for Apple’s alleged behaviour. Users claim that Apple has no right to discontinue a feature purely on older generation models.
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Major drug manufacturers and distributors suspected of colluding to inflate profits at consumers’ expense
Several drug manufacturers, suppliers and pharmacy benefit managers have reportedly been caught colluding to fix prices for insulin.
In what’s believed to be efforts to allegedly inflate profits, companies reportedly worked together to set consistently high prices for the drugs. This way, no matter where consumers purchased their insulin from, they’d be paying high prices. By price-fixing, no company undercuts the other by offering a cheaper price, which is anti-competitive behaviour that can be extremely harmful for competition and for the consumer.
These are the accusations being brought by those bringing a legal action.
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Amazon must provide their customers’ personal information in WEN lawsuit
In a recent lawsuit against WEN, Federal Judge James Robert has ordered Amazon to provide a list of customers who bought WEN hair-care products from them to assist in the class-action lawsuit where many consumers documented hair loss and other hair-related problems after using the product.
The WEN-lawsuit is believed to involve over 200 women from 40 different states in the U.S. and we are investigating issues here in the U.K. too. According to the lawsuit, the women claim that:
“WEN products can cause severe and possibly permanent damage to hair, including significant hair loss to the point of visible bald spots, hair breakage, scalp irritation and rash.”
Caterpillar’s £47 million settlement for a defect in heavy-duty engines
The Caterpillar Inc. class-action lawsuit reportedly produced favourable results for affected vehicle owners. Recently, a New Jersey judge approved a £47 million settlement to compensate owners for the alleged defects in their heavy-duty diesel engines.
The case, which has been litigated since 2012, recently came to a close when Judge Jerome Simandle of the U.S. District Court for the District of New Jersey approved the £47 million settlement offer.
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Sanofi Depakote epilepsy drug that reportedly caused birth defects in 10,000 unborn babies
Valproate Semisodium, better known as Depakote, has reportedly put more than 10,000 pregnant women at risk in France, and there are raising concerns that the same amount of women in the U.K. may also be affected by the epilepsy drug.
Our Group Action Lawyers are investigating the issues, and anyone affected here in the U.K. is free to come forward for confidential and no obligation advice.
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