Class Action Lawsuit Proton Pump Inhibitor
Why a Class Action Lawsuit Against A Proton Pump Inhibitor Will Not Survive a Motion to Dismiss
The Class Action Lawsuit as well as the Proton Pump Inhibitor lawsuit are becoming increasingly popular with people who suffer health issues relating to the use of certain medicines. This is due to the fact that such people are generally not aware of their particular health condition and often find themselves unwittingly defenseless in their struggle against the effects of certain medicines. When a person has been affected by a disease or illness due to using medicine, it is generally the case that person’s doctor will advise them to seek treatment with another type of product instead. Unfortunately, when that same individual is later advised that the original medication could have an adverse effect on their health, they will often opt to change doctors yet again in order to find a product that will help them cope with the symptoms that they are facing.
Often, this results in having a somewhat revolving door among various health professionals, which can create an endless circle of treatment options.
For those individuals who suffer from such health conditions as sleep apnea, depression, heart disease, high blood pressure or diabetes, a Class Action Lawsuit might provide the ability to be properly compensated. In the past, there was little available in the way of legal avenues which could aid such individuals who seek compensation on a Class Action Lawsuit. However, it has recently been discovered that there are actually quite a number of Lawsuits currently in existence which relate to the use of such products as PPOIs, or Private Protective Equipment. As such, if you suffer from one of these conditions and have fallen victim to the actions of a pharmaceutical manufacturer, it is strongly recommended that you seek legal advice immediately.
Such a lawsuit comes about when an individual who suffers from such health conditions as asthma, allergies, epilepsy, high blood pressure or diabetes uses a product that was manufactured by a pharmaceutical company and found to cause issues within their body.
The reason behind this type of lawsuit is that the manufacturers of these products have actually known about the potential for these problems to arise, but chose to do nothing to resolve the issue. Additionally, in many cases, these companies have actually known about the risks associated with their product for many years, yet continues to provide the product to the public anyway. This, in turn, presents a Class Action Lawsuit to those who have fallen victim to the harmful actions of these companies. Class Action Lawsuits are designed to seek justice on behalf of those who have fallen victim to the actions of companies who have refused to take reasonable precautions to ensure the safety of their customers.
In the case of PPOI, or Perpentan phosphate, there has been extensive evidence provided to the courts regarding the negative side effects which these products can have on individuals with such health conditions.
These results have prompted courts to not only declare PPOI a defective, but also to levy substantial fines on the manufacturers of the product. There have also been many instances in which the FDA has issued cease and desist orders against the manufacturers of PPOI and other such hazardous products. As a result of the harmful actions of these manufacturers, countless innocent consumers continue to suffer the consequences of using these products which present a very real threat to their health and well-being.
There are currently several Class Action Lawsuits currently pending in federal court in the United States in an effort to hold pharmaceutical manufacturers accountable for the health conditions suffered by consumers.
The plaintiffs in these lawsuits argue that the defendants knew about the dangers of PPOI, yet chose to supply it to the public anyway. Further, in the course of conducting this business, the defendants failed to conduct any type of quality analysis which would have revealed that these health conditions were actually occurring. Class Action lawsuits are pursuing both individual and class action lawsuit proton pump inhibitors as a means to seek justice for the victims of this dangerous chemical.
The complaint in a Class Action Lawsuit reveals the dangerous nature of PPOI and its effects upon innocent consumers. Plaintiffs contend that the PPOI manufacturer knew about the dangerous chemical, yet continued to provide it to the public anyway. Further, in light of the fact that the manufacturer was aware of the health risks inherent in PPOI, yet did not take reasonable measures to mitigate these risks, it can be safely concluded that they could have reasonably prevented the health conditions that ultimately resulted in lawsuits being filed in Federal Court. The Court will not dismiss Class Action Lawsuits solely on the basis that the defendant manufacturer was aware of the health risk associated with PPOI, as this is a slippery slope that allows the defense to introduce evidence of other, more subtle health conditions that may not have existed at the time of manufacture.
For instance, if the plaintiff had been exposed to lead at work, the defendant would most likely have taken steps to mitigate the exposure, such as instituting new policies and practices.
However, this would not be an appropriate basis for a Class Action Lawsuit. Likewise, if PPOI had been discovered at the workplace, the manufacturer could have offered other, less hazardous products to the employees. It is undisputed that PPOI products pose a significant health risk to employees, however the safety of the general public is not necessarily implicated by this health hazard. Again, in an action such as this, there must be a causal link between the health condition and the exposure, which is not always the case in the case of Class Action Lawsuits.
As this discussion has shown, plaintiffs’ claims must be substantially supported by evidence in order to survive a motion to dismiss. Plaintiffs often present little or no evidence to support their claims and they fail to establish a reasonable connection between the claims and the harm they cause. This results in massive unwarranted awards against the defendant. Without class action, the defendant companies can simply engage in activities in which they have no interest, causing severe health care problems for families while the defendant’s pocket the rest of the profits.