Class action lawsuits, which allow groups of people harmed by the same defendant to sue for damages jointly, have become increasingly common in personal injury litigation over the past few decades.
Nick Norden, an experienced Melbourne personal injury attorney, shares that these lawsuits help give individuals an equal legal footing when going up against major corporations with vast financial and legal resources. Class actions make it feasible to pursue compensation for large-scale harm that affects many people similarly.
Landmark Tobacco Personal Injury Settlement Shapes Class Action Landscape
One of the most famous personal injury class action lawsuits was the 1998 Tobacco Master Settlement Agreement. 46 U.S. states banded together to sue the four largest American tobacco companies, seeking to recover healthcare costs spent treating smoking-related illnesses. The states also sought punitive damages, alleging the companies deliberately misled the public about the dangers of smoking through deceptive marketing campaigns and suppression of scientific evidence.
After years of litigation, Big Tobacco agreed to pay $206 billion over 25 years in the largest civil settlement in U.S. history. This landmark case demonstrated the power of class action lawsuits to hold entire industries financially accountable on a massive scale. It reshaped the class action landscape and paved the way for many other significant personal injury lawsuits against powerful corporate defendants.
Prescription Drugs and Medical Devices
In recent decades, many of the most significant personal injury class action lawsuits have involved dangerous or defective prescription medications and medical devices. In these cases, thousands of plaintiffs collectively sue major pharmaceutical companies and medical device manufacturers for injuries caused by medications like Vioxx, Xarelto, Talcum powder, and medical devices like transvaginal mesh. Johnson & Johnson agreed to pay $700 million to 42 states in 2024 and proposed an $8 billion settlement fund to resolve 99.75% of existing claims.
The lawsuits typically allege that the company knew about potential health risks but failed to adequately test their product or warn doctors and patients about possible side effects. Mass tort lawsuits have resulted in multi-billion-dollar settlements with drug companies and device makers. The cases publicize critical health and safety information and force corporate policy and government regulation changes.
Unsafe Consumer Products
Dangerous or defective consumer products have frequently led to personal injury class action lawsuits when they cause harm on a widespread scale. Lawsuits have been filed against auto manufacturers for faulty vehicle parts like Takata airbags, against food companies for contaminated products like the Jensen Farms cantaloupe listeria outbreak, and against manufacturers of defective medical devices like metal-on-metal hip implants.
In 1998, the Dow Chemical Co. and Corning Inc. agreed to settle a class action lawsuit over silicone breast implants. Thousands of women claimed their implants had ruptured, causing numerous serious health issues. The $3.2 billion settlement meant every woman with one of the affected implants would receive between $12,000 and $60,000. Women would also receive payments if they chose to remove their implants or the implant had ruptured.
These cases seek just compensation for the injuries, financial losses and emotional distress suffered by large groups of consumers wronged by unsafe products that caused widespread damage. Access to class action litigation filed by personal injury lawyers provides accountability when consumer safety is disregarded in favor of profits.
The Future of Class Action Personal Injury Lawsuits
The publicity and large verdicts or settlements in major class action cases often catalyze broader changes in business practices and public policy. For these reasons, class actions will likely continue playing a major role shaping the personal injury legal landscape for years to come.
Disclaimer:
CBD:
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The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlaws the recreational use of cannabis products in India. CBD oil, manufactured under a license issued by the Drugs and Cosmetics Act, 1940, can be legally used in India for medicinal purposes only with a prescription, subject to specific conditions. Kindly refer to the legalities here.
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Gambling:
As per the Public Gambling Act of 1867, all Indian states, except Goa, Daman, and Sikkim, prohibit gambling. Land-based casinos are legalized in Goa and Daman under the Goa, Daman and Diu Public Gambling Act 1976. In Sikkim, land-based casinos, online gambling, and e-gaming (games of chance) are legalized under the Sikkim Online Gaming (Regulation) Rules 2009. Only some Indian states have legalized online/regular lotteries, subject to state laws. Refer to the legalities here. Horse racing and betting on horse racing, including online betting, is permitted only in licensed premises in select states. Refer to the 1996 Supreme Court judgment for more information.
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