Individual actions have been filed, and a class action consumer fraud lawsuit is currently being investigated, against Ortho-McNeil Pharmaceutical, Inc., a division of Johnson and Johnson, Inc., by people who have developed serious medical problems as a result of the use of the Ortho Evra Birth Control Patch. These problems include life-threatening blood clots, fatal heart attacks, and pulmonary embolisms.

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A class action lawsuit would combine a large number of Ortho Evra claims brought by separate individuals under one representative lawsuit. The action is brought in the name of a class representative who is selected to represent the interests of all the members who have the same claim against the same defendant. If successful, the court judgment or settlement is distributed among the class members.

Is it worth it to file as a member of a class? There are advantages to an Ortho Evra class action lawsuit over an individual action. It makes sense when a Ortho Evra injury is too small to justify an individual/separate lawsuit. Combining smaller claims into a representative class adds more clout in terms of numbers, which increases the likelihood of recovery and the size of the recovery. Aggregating also conserves resources and lowers the costs of litigation.

The major downside to an Ortho Evra class action is the chance that your damage award or settlement will be somewhat lower than what you would have received had you filed separately. In a class action, you recover only what was provided for in the large class action suit; you cannot later sue for a larger amount. Also, you lose some flexibility when you join a class action suit, since you are bound to the class timetable and the class outcome collectively. In an individual action, your attorney will work up the unique aspects of your case and separate you from the pack. Personalized legal representation is given to your specific injury and circumstances; you are not lumped in with all others having comparable claims. In a class action you are represented by attorneys you may never see or deal with. For more information, read our sections on Filing a Lawsuit and Select an Ortho Evra Lawyer.

Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored link]