Several class actions have been filed against the manufacturers and sellers of Hylands Teething Tablets. Parents whose children were hurt or died want to know—what effect does this have on their case?
To answer this question, first we need to understand what a class action is. A class action is a type of lawsuit that attempts to have one person, or a handful of people, get compensation on behalf of everyone who was harmed by a similar situation. Typically, class actions are not designed to get money damages for individuals who have suffered physical injuries—instead they are typically designed to address massive fraud or other wrongful conduct that harms a large number of people in the same way. Physical injuries are just too individual—each person’s medical treatment and bills are very different.
For example, in the Hylands case, the class action lawsuits are simply trying to get refunds for people who paid for the teething tablets. They are not trying to get, and will not get, money damages for medical bills and pain and suffering even for people who had a child that was hurt or passed away.
When physical injuries are caused to numerous people by one massive screwup, a class action is not the right type of lawsuit. Instead, what happens is known as a “mass tort.” In a mass tort, everyone keeps their individual case. But they are consolidated together for the discovery, or investigation, phase of the lawsuit. Parents still (hopefully) get paid for their individual harms—the pain and suffering and medical treatment they and their babies suffered.
Every person who wants to keep their individual case and try to get paid for their individual damages still needs their own lawyer. Just because they are a member of a class action, or even if they get a notice in the mail about the class action, does not mean they will get all the compensation they may be entitled to. If you do not already have a lawyer for your teething tablet case, you need to take action right away, or you may lose the ability to get that compensation.
So what does this do to your case? Not a whole lot. You still need your own case and your own lawyer if you want to pursue compensation for any pain, suffering and medical care. The class action could succeed, and if it does, and you meet whatever criteria are established, you might be able to get a refund for the money you paid for Hylands teething tablets. But chances are you will not get anything more than that.
Keane Law LLC is dedicated to fighting vigorously for the interests of our clients, including those with teething tablet claims. Whether the topic is class actions or mass torts, our experienced attorneys are knowledgeable about complex matters and will work our hardest to maximize your recovery.