Class action lawsuits, also known as mass tort law, allows the people of a common interest to work together to be compensated properly for harm done to them by large corporations. This blog post will focus on product liability class action lawsuits where financial compensation is often involved, whereas civil right class action lawsuits typically call for legal remedies.
Disclaimer: this blog post is not intended to be legal advice and should not be taken as such.
What is a Class Action Lawsuit?
A class action lawsuit is a civil litigation that allows many people to be compensated for wrongdoing done by them without having to endure costly individual lawsuits. Class action lawsuits may be filed for various reasons, such as false advertising, injurious medication, and breach of contract.1 These suits are often filed against manufacturing corporations whose negligence and/or intentional wrongdoing caused harm to consumers.
Compensation in a Class Action Lawsuit
Anybody would love to have a few extra dollars in the bank every couple months and class action lawsuit payouts can help with that. Successful class action lawsuits often result in pre-trial settlements that become divided up between lawyer fees, lead plaintiff settlements, and paying claims from class members.2 Lead plaintiffs, the injured party who brings the case on behalf of all injured, will be compensated the most for their time and any hardship during the lawsuit, but any class member can lay claim to the settlement. Class members are anyone who can show they were affected by potential wrongdoing of the Defendant during the specified time period, such as having taken medicine or having bought product during the alleged time of wrongdoing.
Current Class Action Lawsuits
In Stephen Hadley et al. v. Kellogg Sales Co., lead Plaintiff alleges that Kellogg falsely advertised their breakfast cereals were healthy, although their cereals contained an unhealthily high added sugar content. Kellogg Sales Co. has agreed to a settlement without admitting wrongdoing in order to avoid a trial and class members could submit a claim until September 7, 2021, in order to be compensated for any possible injury. Class members in this lawsuit are defined as anyone who bought Kellogg’s Raisin Bran, Smart Start Original Antioxidants, or Frosted Mini Wheats brand cereals between August 29, 2012, and May 1, 2020.3 Claimants could receive compensation for up to two cereal boxes a month during this time period without receipt proof and more if they could show receipts or bank statements.
Another class action currently accepting settlement claims is In re: Broiler Chicken Antitrust Litigation. The lead Plaintiffs allege that the Settling Defendants, including Fieldale, George’s, Mar-Jac, Peco, Pilgrim’s, and Tyson, conspired to raise prices of chicken in grocery stores by constricting supply.4 These actions occurred between January 1, 2009, and December 31, 2020, violating federal and state consumer and antitrust laws. In this case, class members are defined as anyone who bought chicken products from the Settling Defendants between January 1, 2009, and December 31, 2020, in 26 states, including Florida. The claim period opened for this settlement on September 11, 2020, and will run until December 31, 2022.5
Zantac as a Forming Class Action
The criteria for a class action lawsuit include the existence of a group of people mutually harmed by a product with similar claims or injuries. In the case of Zantac, potential plaintiffs are alleging the drug’s manufacturer designed a faulty drug and their label did not properly warn healthcare providers and patients that the drug was a possible dangerous carcinogen, a material that increases the risk of cancer in humans. There are several proposed class action lawsuits against Zantac and anyone who purchased Zantac or generic ranitidine can participate in the lawsuits. Claimants would have to prove they purchased the drug without proper warning of cancer risk to themselves and they may be able to receive refunds for any Zantac purchases.6
In addition, there are over 600 Zantac litigation lawsuits in initial discovery phases that have been consolidated into multidistrict litigation (MDL) in the Southern District of Florida (West Palm Beach).7 This allows multiple law firms to share resources and streamline the process of pursuing lawsuits for Zantanc users who have developed cancer due to the drug. Different from class action lawsuits, these MDL cases can allow plaintiffs to receive individual settlements due to their pain and suffering in the combined federal lawsuit, if a settlement occurs. If you believe you may have developed cancer due to taking Zantac, it may be smart to contact an attorney to better understand your rights and to see if you qualify to file a lawsuit.
How Can Perenich Law Help You?
If you feel you or a family member has been injured due to Zantac, please give Perenich Law Injury Attorneys a call at (727)500-2166 for a free consultation. Our law firm family would love to help yours during this tough time!
Jacqueline Malfa
Receptionist/Medical Records Custodian
Future Law Student
References
- Federal Trade Commission. (n.d.). Class actions. Federal Trade Commission. Retrieved from http://www.ftc.gov/terms/class-actions.
- Stephen Hadley et al. v. KELLOGG SALES co. – United States district court for the northern District OF CALIFORNIA: No. 16-cv-4955-LHK. Stephen Hadley et al v Kellogg Sales Co. (n.d.). Retrieved from https://cerealclaims.com/.
- Wood, B. (2021, September 16). Did you buy chicken in the last Decade? You could be eligible to receive money. Lawsuit. Retrieved from https://www.nbcchicago.com/news/local/did-you-buy-chicken-in-the-last-decade-you-could-be-eligible-to-receive-money/2612386/.
- Broiler Chicken Settlements. (n.d.). Broiler chicken antitrust Litigation (END-USER CONSUMER). Broiler Chicken Antitrust Litigation (End-User Consumer). Retrieved from https://www.overchargedforchicken.com/.
- Hayes, A. (2021, September 8). Class action. Laws and Regulation. Retrieved from https://www.investopedia.com/terms/c/classaction.asp.
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