The funny thing about class action lawsuits is that they have a peculiar way of garnering a lot more media attention and public fascination than is usually warranted for any type of case. Because of this, class action lawsuits tend to be a lot more interesting, but also a lot more one sided than traditional forms of lawsuits and litigation that pits one plaintiff against the defendant. In fact, in no small part due to the attention that is generated by the three simple words “class action lawsuit,” there is a serious question as to whether these types of cases provide the presumed innocence in a court of law to the defendant that we claim to insist upon in all other forms of civil or criminal law. In the case of Osmoprep phospho-soda, the FDA required an Osmoprep black box warning.
But, since that is a large part of the nature of the beast, if you have a case where you might be able to form a class action lawsuit against the defendants, you could be able to find a way to force a settlement without having to spend a single day in a courtroom. Here is an easy primer on how you can turn your case into a class action lawsuit, and how, by doing so, you can turn the case to your own advantage.
With more traditional lawsuits where a single plaintiff sues a single company, corporation or government entity, more often the plaintiff cannot win the case due to the serious disadvantage in resources that such a one on one case brings into the courtroom. A legal team for a corporation against a single plaintiff can outspend them 100 to one or more, meaning that most cases will be found in favor of the defense.
This is because they will be able to hire the expensive experts that can form a conception of the plaintiff and his or her case as a fluke, or a onetime only isolated incident for which the defense is in no way responsible. In addition, sadly, there is little the plaintiff can do beyond hoping that whatever damages they incur will be egregious and obvious enough for a jury to realize. Currently there is no Osmoprep class action and individual Osmoprep lawsuit cases are being filed by people suffering from kidney damage.
A class action lawsuit completely flips this paradigm on its head, because instead of a one on one situation, where a high priced legal team can cast significant doubt as to the veracity of the plaintiff's claims, there are multiple plaintiffs, each with his or her own story to tell. As more plaintiffs come on to the class action suit, the less able a defense team, no matter how high priced, will be able to convince a jury that the incidents were all isolated.
Because of this, the more plaintiffs that sign on to a class action lawsuit, the more likely that the defendants will be willing to head to the bargaining table to work out a settlement offer that is fair to both them and the plaintiffs. Usually, in these settlements, the defendants still do not openly admit to wrongdoing or responsibility for the cause of the suit. It is simple a way for them to save face and put the case behind them, and keep it off of the front pages of the news media.
Author Resource:
Dan Goldman is the author of this article on Osmoprep Lawsuit .
Find more information about Osmoprep Class Action here.
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