Legal Question in Product Liability in Illinois

Re: Complications from FDA approved medical device

In order to seriously evaluate a potential class action concerning a defective product our office would need to meet with you and review the materials extensively. A short answer to your questions would not be feasible.

Re: Complications from FDA approved medical device

A class action lawsuit has a number of prerequisites, among them: (i) numerousity [there must be a relatively large number of class members]; (ii) typicality [the claims of the representative plaintiff must be typical of those of the absent class members]; (iii) commonality [there must be common issues of law or fact among the class members]; and (iv) adequacy of representation [the representative plaintiff and his/her counsel must adequitly represent the class members' interests]. Thus, individual issues must not predominate over common class issues.

That said, medical products liability cases can provide the basis for legitimate class actions, depending upon the particular facts -- which typically takes considerable investigation by plaintiff's counsel.

Most of the time, the attorney advances the costs in the case, to be reimbursed upon successful prosecution or settlement of the case.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

Re: Complications from FDA approved medical device

You must prove that the product is UNREA-

ONABLY dangerous in that it contained a de-

fect in design, manufacture or a fialure to

warn. This MAY be a design defect; more

facts are warranted here before an answer

can be given. FDA approval per se is no defense. There is a 2 year

statute of limitations.