Because of the massive number of people who were taking Vioxx by the time it was recalled in 2004, there are likely to be ever-increasing numbers of lawsuits, some filed as separate actions, others as class actions. Vioxx class actions are lawsuits brought in federal or state court by one or more people on behalf of others who have been harmed in the same way by the same defendant. In other words, rather than starting a separate lawsuit against the same defendant, the class action permits all similar claims to be heard in a single trial. A person(s) with a claim similar to that of a host of others will be the “representative” member of the group. Members of a class are given a chance to opt out of the suit; if they do not, they are bound by the decision of the court. When a judgment is entered or settlement reached, the individual members split the money.
Does joining a class action make sense in your case? It depends. There are advantages to a Vioxx class action lawsuit. It makes sense on not so-big claims since aggregating them under one lawsuit serves to add more clout in terms of numbers against a larger, more powerful corporation, thereby increasing the livelihood of success, recovery and size. Strength in numbers in a class action gives the class members a more powerful legal posture than that available in an individual action. Moreover, class actions are also a way to lower the cost of pursing the lawsuit because of shared expenses, making it more affordable to pursue.
The major downside is the odds that you might receive a lower settlement than if you had filed separately. In most typical class actions, members are bound by the outcome of the case. Any settlement is intended for the individuals who joined the lawsuit. You cannot later sue for a higher settlement. Your best course of action would be to compare the amount of compensation you might get as a member of a class with what you might get by filing an individual action. Furthermore, you lose the freedom and independence of running your own trial with your own lawyer, which includes the freedom to settle out of court or abandon the case entirely. An individual lawsuit allows the attorney to work up the unique aspects of your case for a court that is focused on your precise claim as an individual rather than lumping it in with the pack of class plaintiffs. Finally class members make wait a longer period to get recovery.
For more information about the specifics of filing an individual lawsuit and finding a Vioxx lawyer, see the sections on Filing a Lawsuit and How to Select a Lawyer.