If you haven’t heard of it, House Resolution (HR) 985, also known ironically as “The Fairness in Class Action Litigation Act of 2017,”was passed in the House of Representatives in March by the Republican-majority Congress. It puts severe restrictions on class action lawsuits involving big pharma companies by requiring proof that “each proposed class member suffered the same type and scope of injury as the named class representative” and that any certification of the class is based on stringent analysis of the evidence.
Despite the fact that big pharma companies, such as Johnson & Johnson, Daichii Sankyo, and Bayer, have been found liable in the past for creating and advertising products they knew to cause injury and death, this bill would make it far harder to obtain justice in similar circumstances. Patients who have been injured by the same product might not be able to join together in a class-action lawsuit if they didn’t experience the exact same negative symptoms or repercussions.
A representative from Maryland, Jaime Raskin, was quoted as saying the bill is not “the guillotine, ” but it is a kind of restrictive straitjacket. According to Raskin, “It sends another huge Valentine and wet kiss to large corporate tortfeasors, but gives the finger to millions of American citizens who suffer injuries from these defendants.”
The good news is that HR 985 has not yet passed the Senate and has a chance to be defeated in that arena. HR 1927 was a similar bill that was also passed by the House and was rejected by the Senate. Many civil rights and consumer rights advocacy groups are also planning to oppose the bill in addition to the American Bar Association. If you haven’t yet called your Senator, now would be an excellent time to make your feelings about the bill known.
However, if you’ve already been injured by a prescription, don’t hesitate to talk to one of our experienced Atlanta dangerous drugs attorneys at Schneider Hammers. Our firm has more than four decades of legal experience to offer your case, and we have won millions of dollars in compensation for our client’s injuries. Let our award-winning team of advocates work to help you reparation for the damage done to you. Contact us at (770) 884-4626 or fill out our online form to schedule a case consultation today. We look forward to hearing from you and seeing how we can assist.