Class Action Explained

Perhaps you’ve recently received notice that you may be a member of a class that has been harmed in some way by a corporation and entitled to a portion of any damages recovered. While it’s probably easy to determine whether you used the product involved, it may be more difficult to determine what you should do. The notice probably seems like a lot of legal jargon, and it basically is. For instance, you know you received a hip replacement three years ago but have no idea if it was the one that is part of the DePuy recall and lawsuit.

A Few Terms in Class Actions

Class Action: A class action lawsuit is simply a lawsuit filed against a company by one person or a group of people on behalf of many, often hundreds or thousands of people.

Class Members: Class members are those people who have suffered a similar injury to the one described in the lawsuit and did not opt out of the class action lawsuit. As an example, all people who received the DePuy hip that was recalled are potential members of the DePuy lawsuit.

Class Action Plaintiff: A class action plaintiff or plaintiffs are those people who are named in the lawsuit documents filing the complaint against the company and representing the class members.

Class Representative: The named plaintiffs in the class action lawsuit who make the decisions regarding the class action lawsuit. They are required to protect the interests of the class members.

Class Action Defendant: The company being sued in the class action lawsuit and accused of being responsible for some harm to class members.

Notice of Class Action: Notice of class action must be disseminated to all potential members of a class in a lawsuit. Notice can be directly through the mail or other direct means, or indirectly through advertising and public notices.

Opt Out: This is the term used to describe a potential class member who has chosen not to be a member of the class and not a part of the class action lawsuit. If you do not opt out of a class action, then you are a class member. If you opt out of a class action, you may not participate in any damage award. However, like cases in the DePuy recall, you often have several options available and should consult an attorney.

Certification of Class Action: In order for the lawsuit to continue as a class action, the court that has jurisdiction over the case must certify the lawsuit as a class action. There are state and federal regulations that set forth requirements for lawsuits to be pursued and tried as class actions.

Damage Award or Settlement: These terms are used to describe the amount that it has been determined, either through trial or settlement, that the company must pay the class members for their injuries. The amounts usually vary among class members depending on each circumstance.

If you ever believe you may be eligible to be part of a class action, it is recommended that you consult with an attorney about all your rights.