January 2021

Millions of patients across the globe rely on drugs to manage different health conditions. These medications should be safe, and this isn’t always the case. In some instances some drugs pose adverse side effects, leading to drug recalls. A perfect example is Prilosec OTC. This is an antiacid drug that has been recalled by the FDA due to the many claims from patients. If you have endured severe side effects from Prilosec use, you can file a mass action lawsuit.

What are mass action lawsuits?

There are some dangerous drugs in the market, and product recalls happen each day. Some are not tested before entering the market and can harm a community or a group of people in numerous ways. The affected individuals can then file a mass action lawsuit against the pharmaceutical company.

Mass action lawsuits are actions presented by multiple individuals who have incurred damages from a similar product. The lawsuit offers an opportunity to recover from the injuries incurred and economic losses. What’s more? The lawsuit through an injection then makes changes to the drug company’s practices.

How can you file a mass action Prilosec lawsuit?

Due to the high costs associated with individual cases, most prefer mass action lawsuits. They are a cost-effective way of legal representation and are more economical. With the Prilosec recall, most people are now seeking ways to file class-action lawsuits.

Here’s how to go about it;

1. Contact a dangerous drug attorney.

An attorney should be the first person to engage when you plan to file a Prilosec OTC lawsuit. As simple as the suit seems, you can’t do this in an attorney’s absence. The professional will determine your eligibility for filing the claim and guide you on how to do it. That’s not all! A dangerous drug lawyer will handle all the paper documents on your behalf, and argue your case in court to ensure that you get the right compensation.

2. Sign an agreement

Once the lawyers determine that Prilosec harmed the group of people, you can now sign an agreement with the attorney and file the case. The case should include all the allegations for the lawsuit.

3. Class certification

Class scarification is the most critical step in mass action lawsuits. Before you file the class action complaint, the class should be certified by a court. The court commences the certification process, or the plaintiff files a motion to get class certification before the lawsuit can proceed.

To qualify as a class action, the group should consist of at least 30 persons.

4. Due process& Individual notification

A notice describing the class is sent to all the individuals involved in the lawsuit. At this point, people forming the class can still opt-out to pursue individual cases. The primary plaintiff or the group representative also provides a compliance certificate to the court and the defendant.

Final thoughts

Following the Prilosec OTC recall, some lawsuits have since been filed. Some are individual suits, while others are mass action lawsuits. If you have been harmed by the drug and want to file a lawsuit, contact a harmful drug attorney to guide you.

For many, meeting with a lawyer is uncharted territory and not something you will do regularly. It may seem overwhelming and you might not know what to expect from the initial meeting. To relieve any apprehensions you may have it’s a good idea to get organised beforehand. Here are some handy tips to guide you through the meeting process seamlessly.

Questions to ask at first contact

Your lawyer should advise you of what to bring when you make an appointment, if they don’t you should ask them. Ask if they charge for the initial consultation or not and what their fee structure is.

Be prepared

Before appointing a lawyer to represent you its important that they specialise in the area of law you need help with. To get the best outcome for your case you should find someone who specialises in matters similar to yours. Once you have researched firms and narrowed down your choices, you can then make an appointment. Gather necessary medical paperwork and documentation and write down anything that you think may be relevant to your case including question and contact details of pertinent people. If you can, it’s best to write a timeline of events as soon as you can after the incident when still fresh in your mind. Try to write down as much as you can even minor details that you think may not be relevant. The date and times should be noted along with any witnesses. It’s wise to keep a detailed account of everything relating to your injury, including costs, travel, time off work etc. Having everything in writing increases the likelihood of receiving an outcome you are happy with. Present all documentation to the lawyer. This can save having to book an additional appointment due to lack of paperwork and gets the ball rolling faster.

Attend the meeting

The first meeting is an opportunity for you to establish your rights and to gather as much information as you can. Take notes as you go, you can look back on these later if needed. The lawyer will ask you a series of questions to obtain an in-depth understanding of the events leading up to the incident and the incident itself. From the information gathered, they will advise you of whether you have a good case for a claim, what the best approach is given your situation and what to expect. Remember, you don’t have to go with the first lawyer you meet with. If you don’t feel comfortable with them, organise to meet with others until you find the one think will represent you best.

Questions to ask at your meeting

If there is anything you do not understand, make sure you ask the lawyer to clarify or run through what they are saying in layman terms if they are using complex legal jargon. Don’t be afraid to ask questions as you need to understand what they are saying. Here are some good questions to get you started:

1. If the firm works on a “No Win, No Fee” basis you should ask if it is all-inclusive or if there are some things you will need to pay for along the way.
2. If there are costs, what are they and when am I expected to pay?
3. Based on your circumstances, ask how likely it is that your case will be successful
4. How long does the process take?
5. Do I need additional evidence or information to support my claim?
6. Will you keep me updated throughout the process?
7. What can I claim for based on my situation?

Make sure you have a full understanding of the cost agreement and clear up any areas of uncertainty before signing. Your lawyer should explain this to you and have a breakdown of the costs listed. Take the time to read this to avoid any hidden surprises down the track that can see you forking out money you hadn’t considered or budgeted for.

Discuss your expectations

You and your lawyer can talk about your expectations and what is realistic and not. It is good to have these types of open discussions to avoid disappointment. An experienced lawyer will have a breadth of experience and can give you an idea of what you can expect given your circumstances.

After your meeting

Complete tasks your lawyer has set you

If your lawyer has asked you for something such as medical records, contact numbers, further documentation etc, ensure you organise this and get it back them as soon as you can so no delays are preventing your claim from progressing.

Keep in contact

If there have been any changes to circumstances or you have remembered details that you previously left out, ensure you update your lawyer as soon as possible as it may affect your case.

Need a lawyer?

Being prepared enables you to get the most from your meetings, this is especially important if you are paying for every communication upfront, you want to be sure you are getting your money’s worth. If you are looking for an expert injury lawyer, our team can help. South East Injury Lawyers have more than 15 years experience representing Queenslanders and we know what it takes to successfully get you the compensation you need to get you back on your feet. For a free consultation with one of our senior representatives, get in touch today.

Criminal appeals are an essential part of the legal system, allowing defendants who have been convicted of a crime to challenge their convictions and seek a review of the legal proceedings. Appeals are typically based on specific grounds or reasons, which vary depending on the jurisdiction and the nature of the case.

In this article, we will explore the most common grounds for criminal appeals with Atlanta appeals lawyers, providing an in-depth understanding of the legal principles and issues involved.

Ground 1: Errors in Law and Legal Procedures

One of the most common grounds for criminal appeals is errors in law and legal procedures. These errors can occur at various stages of the criminal process, including during the pre-trial, trial, and post-trial phases. Some examples of errors in law and legal procedures that may give rise to a successful appeal include:

• Misinterpretation or misapplication of the law:

Appellate courts may consider whether the trial court correctly interpreted and applied the relevant laws in the case. If the trial court made a mistake in interpreting the law or applying it to the facts of the case, it may result in an appeal. The appeals lawyers in Atlanta especially focus on the strong grounds of to challenge the verdict.

• Violation of constitutional rights:

Criminal defendants have various constitutional rights, such as the right to a fair trial, the right to confront witnesses, and the right to be free from unreasonable searches and seizures. If these rights are violated during the criminal proceedings, it may be grounds for an appeal.

• Procedural errors:

Procedural errors, such as mistakes in the process of selecting a jury, admitting or excluding evidence, or giving jury instructions, can also be grounds for an appeal. If the trial court made a significant procedural error that affected the defendant’s right to a fair trial, it may result in a successful appeal.

Ground 2: Insufficient Evidence or Weight of Evidence

Another common ground for criminal appeals lawyers is insufficient evidence or weight of evidence. In a criminal trial, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt.

If the evidence presented by the prosecution is weak, inconsistent, or unreliable, it may not meet this high standard, and the defendant may have grounds for an appeal. Some examples of insufficient evidence or weight of evidence grounds for appeal include:

• Lack of evidence:

If the prosecution fails to present sufficient evidence to support the charges against the defendant, it may be grounds for an appeal. For example, if there are no eyewitnesses or physical evidence linking the defendant to the crime, the conviction may be overturned on appeal.

• Inconsistent or contradictory evidence:

If the evidence presented at trial is inconsistent or contradictory, it may create doubt about the defendant’s guilt. In such cases, the appellate court may consider whether the trial court should have excluded or given less weight to the unreliable evidence. If the conviction was based on unreliable evidence, it may be overturned on appeal.

• Newly discovered evidence:

Appeals lawyers in Atlanta take into consideration if new evidence comes to light after the trial that could have a significant impact on the case, it may be grounds for an appeal. For example, if a key witness recants their testimony or new DNA evidence is discovered that exonerates the defendant, it may warrant a review of the conviction.

Ground 3: Ineffective Assistance of Counsel

The right to effective assistance of counsel is a fundamental right in criminal trials. If a defendant’s attorney fails to provide competent and diligent representation, it may be grounds for an appeal. Some examples of ineffective assistance of counsel grounds for appeal include:

• Failure to investigate or present key evidence:

If the defense attorney fails to conduct a thorough investigation, interview witnesses, that could have helped the defendant’s case, it may be grounds for an appeal. The appellate court may consider whether the attorney’s failure to investigate orpresent key evidence resulted in inadequate representation and prejudiced the defendant’s right to a fair trial.

• Conflict of interest:

If the defense attorney has a conflict of interest that affects their ability to represent the defendant, it may be grounds for an appeal. For example, if the defense attorney has a personal relationship with the prosecutor or another party involved in the case that compromises their loyalty to the defendant, it may constitute ineffective assistance of counsel.

• Failure to provide competent advice:

Defense attorneys have a duty to provide competent legal advice to their clients. If a defendant’s attorney fails to provide proper legal advice on important matters, such as plea negotiations or the consequences of a guilty plea, it may be grounds for an appeal. The appellate court may consider whether the defendant’s attorney’s errors or omissions affected the outcome of the case and resulted in a denial of the defendant’s right to effective assistance of counsel.

Ground 4: Prosecutorial Misconduct

Prosecutors have a duty to seek justice and uphold the rule of law. However, prosecutorial misconduct, which involves unethical or improper conduct by prosecutors, can occur in criminal trials and may be grounds for an appeal. Some examples of prosecutorial misconduct grounds for appeal include:

• Withholding evidence:

Prosecutors have a duty to disclose all relevant evidence to the defense, including evidence that may be favorable to the defendant. If the prosecution fails to disclose exculpatory evidence, it may constitute prosecutorial misconduct and be grounds for an appeal.

• Making improper statements or arguments:

Prosecutors are prohibited from making improper statements or arguments during trial, such as making inflammatory remarks, appealing to the jury’s emotions, or vouching for the credibility of witnesses. If the prosecutor engages in improper conduct that prejudices the defendant’s right to a fair trial, it may be grounds for an appeal.

• Using false or misleading evidence:

If the prosecutor knowingly presents false or misleading evidence at trial, it constitutes prosecutorial misconduct and may be grounds for an appeal. Appellate courts take allegations of prosecutorial misconduct seriously and may review the prosecutor’s conduct to determine if it had a prejudicial impact on the defendant’s right to a fair trial.

Ground 5: Judicial Error or Bias

A good criminal appeals lawyer can use judicial error or bias as grounds for a criminal appeal. Judges have a responsibility to ensure that the trial is conducted fairly and impartially, and any errors or bias in their rulings or conduct may result in an appeal. Some examples of judicial error or bias grounds for appeal include:

• Erroneous evidentiary rulings:

If the trial court makes erroneous evidentiary rulings that affect the admissibility or exclusion of evidence, it may be grounds for an appeal. For example, if the trial court allows hearsay evidence to be admitted or excludes relevant and admissible evidence, it may constitute judicial error and be a basis for an appeal.

• Bias or prejudice:

If the trial judge displays bias or prejudice against the defendant during the trial, it may be grounds for an appeal. Judges are required to be neutral and impartial, and any appearance of bias or prejudice may undermine the integrity of the trial and result in a successful appeal.

• Incorrect sentencing:

If the trial court imposes an incorrect or illegal sentence, it may be grounds for an appeal. For example, if the trial court imposes a sentence that exceeds the statutory maximum or minimum for the offense, it may constitute a judicial error and be a basis for an appeal.

Criminal appeals serve as a crucial mechanism for defendants to seek redress for potential errors or injustices in the criminal justice system. Grounds for criminal appeals can include errors in law and legal procedures, insufficient evidence or weight of evidence, ineffective assistance of counsel, prosecutorial misconduct, and judicial error or bias.

If you believe that you have been wrongfully convicted or subjected to unfair treatment in a criminal trial, it is crucial to seek the guidance of experienced appellate lawyers, such as Brownstone Appeal Lawyers, who can diligently review your case, identify potential grounds for appeal, and advocate for your rights in appellate court.

With the assistance of skilled appellate attorneys, you can pursue the appropriate legal avenues to challenge your conviction and strive for justice.