Fungal Meningitis Class Actions and Individual Injury Lawsuits
As the nationwide outbreak of fungal meningitis infections continues to spread among individuals who received epidural steroid injections and other medications mixed by the New England Compounding Center (NECC), the number of lawsuits filed in courts throughout the country is increasing rapidly.
There have been a number of individual product liability lawsuits filed by individuals diagnosed with meningitis or another injury caused by the contaminated medications, as well as several putative class action lawsuits over the fungal meningitis outbreak, seeking to pursue damages and medical monitoring for certain groups of people who were exposed to the tainted medications.
The fungal meningitis lawyers at Saiontz & Kirk, P.A. are investigating potential class action suits, as well as individual cases for those who received a recalled injection and subsequently required medical treatment for:
- Fungal Meningitis or Symptoms of Meningitis
- Central Nervous System Infections
- Joint Infections (i.e. knee, hip, shoulder or elbow)
The NECC distributed more than 17,500 potentially contaminated epidural steroid injections to medical providers in 23 different states, touching off an outbreak that has caused more than 300 confirmed cases of fungal meningitis or other injuries, including at least 23 deaths.
As a result of the reckless and negligent actions of NECC, financial compensation may be available through an epidural steroid injection lawsuit. However, it is important for individuals who may have a case to understand their rights and obtain a free consultation and claim evaluation.
Injury Lawsuits vs. Class Action over Fungal Meningitis Outbreak
Given the news coverage surrounding the filing of cases, many people are confused about the differences between a fungal meningitis outbreak class action lawsuit and individual injury claims.
Several lawsuits filed are seeking class action status to represent certain categories of people who may have been exposed to the injections, such as people residing in certain states. Such suits typically seek medical monitoring and damages that are common to all individuals who are part of the class.
For those who have suffered a confirmed injury, such as a diagnosis of fungal meningitis, stroke or joint infection, it is important that they contact an experienced product liability lawyer and not rely on pursuing compensation through a potential class action, which will not provide the proper compensation for their injuries.
Since the consequences of a fungal meningitis injury will vary from person-to-person, compensation can not be determined through a class action lawsuit, where damages are determined based on a class representative
Litigation Likely to be Centralized in MDL
As the number of fungal meningitis injury cases continues to increase, it is likely that such lawsuits filed in the federal court system will be consolidated into an MDL, or multidistrict litigation, where many of the benefits typically associated with a class action will be provided.
As part of any MDL established for the fungal meningitis litigation, all cases filed in U.S. District Courts throughout the country could be centralized before one judge for coordinated handling during pretrial proceedings, including discovery, early bellwether trials and possible settlement negotiations.
While the management of the cases is similar to what most would typically associate with an epidural steroid injection class action, each plaintiff will have their own lawyer to document their claim and pursue the individual damages they are entitled to receive, given the circumstances surrounding their claim.
To review a potential case on behalf of yourself, a friend or family member, contact our lawyers or submit an on-line request. All cases are reviewed under a contingency fee agreement, which means there are no fees or expenses unless a recovery is obtained.