For the past 40 years, HIV and AIDS have had a severe impact on the American people. However, with new and modern treatment options, many people can limit their exposure to this devastating disease. One new option for people seeking to prevent transmission of HIV/AIDS is Truvada, which helps block HIVs ability to multiply and therefore controls the number of viruses in the body.
Pursuing Claims Under a Mass Tort
Taking on a massive pharmaceutical corporation such as Gilead can be an intimidating, expensive, and time-consuming endeavor. These companies employ large legal teams to fight legal claims against them and protect their profits. Understandably, injured individuals may hesitate to come forward with a claim.
However, the law provides injured people with another method. By joining into a mass tort, plaintiffs can pool their resources to strengthen their cases together. Members of a mass tort can share evidence, work with a single expert witness, and rely on a single set of depositions to pursue their claims.
According to Federal Rules of Civil Procedure 23, plaintiffs must petition a court for mass tort certification. They must be able to prove that:
- Multiple plaintiffs suffered an injury because of a common defendant
- The facts of the plaintiffs’ cases are substantially similar
- A traditional joinder of the claims would be prohibitive
A Truvada lawyer could help determine if a mass tort offers a plaintiff a better chance of success. Depending on the circumstances, they could work to establish a new mass tort or to help people to join already existing claims.
