A Class Action lawsuit is filed on behalf of the general public when a product manufacturer, distributor or affiliate promotes a product and does not guarantee that the product will work for a particular condition or issue. Class action lawsuits against businesses or products are also known as collective action. Class action lawsuits are usually filed by individuals who have been affected by a defective product and wish to seek compensation for their suffering.
For the people who file such lawsuits, they are usually the ones who have personally experienced some form of injury or illness as a direct result of the wrongdoing of the entity or company from which they purchased the defective product. Thus, when filing a class action lawsuit against Lifeltransamerica, you can be sure that you are indeed the only one who has suffered from the useless operation of this company.
Class Action Lawsuit Against Lifeltransamerica
The company in question was granted approval to produce a toothpaste called Metamucil in the market despite the fact that it was found defective by the Food and Drug Administration (FDA). The product caused many users to develop serious ailments including ulcers, allergies, heart attacks and other diseases. However, Lifeltransamerica ignored all these warnings and continued to sell the product despite the negative consequences it had caused its users.
After several months of selling the Metamucil toothpaste without any valid explanation from the FDA, the company finally faced a lawsuit filed by consumers in a class action lawsuit. After the company failed to produce any proof to back up their claims of safety, the lawsuit was filed against them. According to the lawsuit filed against Lifeltransmerica, they violated the provisions of the Toxic Substances Control Act.
The lawsuit further claims that the negligent elements of the company did not take reasonable precautions before releasing Metamucil into the market.
As a result of the company’s negligence, the plaintiff sustained personal injuries and the amount of damages awarded to him constitute the entire loss suffered by the plaintiff as well as damages for the negligent act of producing the defective product. This class action lawsuit was originally filed by three plaintiffs who are financially suffering due to the consequences of the defendant’s negligence. As per the lawsuit papers, the defendants have agreed to accept the settlement offer without contesting the authenticity of the lawsuit.
The class action lawsuit was initially filed in Florida where the defendant resides.
However, the plaintiff moved the court to include a claim for damages in the Northern District of California since the company headquarters is situated in San Francisco. The company’s general counsel informed the plaintiff that the company does not face such kind of liability as per the Toxic Substances Control Act. The court decided to allow the suit and dismissed the case without trial.
The defendant has been advised to settle the case through the court without taking the case to trial.
The court declined to grant class action status to the suit and dismissed it. The decision of the court was based on the contention that there was no likelihood of the plaintiff receiving any damages. The defendant did not object to this argument and the plaintiff had to therefore move the court for certification of the suit as a class action suit. This request was denied by the court.
The plaintiff was then proceeded to file a civil lawsuit against the defendant seeking damages for the negligence of Lifeltransamerica.
The lawsuit was granted class action status and was assigned the same court which had granted the initial lawsuit. The lawsuit was directed to the responsible party, that should be the manufacturer of the defective product. In a recent landmark ruling, the court again affirmed the class action lawsuit ruling and dismissed the claim for damages.