Although class action isn’t always the best way to get the results one wants, when called for, the Rottenstein Law Group can and will seek to form a class and take action.
Whenever the behavior of a common entity (a corporation, for instance) has a negative impact on a large number of persons (the users of the corporation’s products or services perhaps), one option for seeking redress is for the victims to form a class and bring a class action. But class action isn’t always in victims’ best interest. Joining a class might mean giving up potential individual compensation for one’s harms.
While a class action can be an efficient mechanism for disposing of a large number of similar complaints in financial cases (like stock fraud and phone bill overcharges), a class action in a defective consumer product context can result in inadequate relief for those actually harmed by the product. Class actions are typically most effective at getting a defendant that has wronged a large number of people in a minor way to change its practices moving forward… but not necessarily at getting individual victims compensation for their own actual injuries.
For instance, RLG represents clients with individual claims against manufacturers of dangerous drugs such as Darvon/Darvocet, Fosamax, Paxil, and Prozac and defective medical devices, like DePuy’s ASR and Pinnacle hip replacement systems.
Still, sometimes class action can achieve what the victims want. RLG recommends that anyone considering legal action consult with an independent lawyer (one who is not planning a class action) about the advantages of bringing an individual action over joining a class action.