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When it comes to medical device and pharmaceutical lawsuits, the class action lawsuit is very common. In a class action lawsuit, one plaintiff or a group of plaintiffs files a lawsuit on behalf of a class of people who have similar legal and factual allegations. In general, there are four requirements that the plaintiffs must satisfy before a court will certify the matter as a class action. First, the class must be so numerous that it is not practical to join all of the prospective plaintiffs in one lawsuit. Next, there must be common questions of fact and law among the class members. Third, the claims or defenses that the representative plaintiffs intend to assert must be typical of the class members. And finally, the representative plaintiffs must advance the class interests fairly and with adequate protection.

There have been many laws and court opinions that define the basic rules and requirements for class action lawsuits. One of them is the federal Class Action Fairness Act (CAFA), which expanded subject matter jurisdiction for federal class action cases. A federal court may assert jurisdiction over a class action lawsuit when the amount in controversy exceeds $5,000,000 and when the class consists of at least 100 members, among other requirements.

In 2015, the Ninth Circuit Court of Appeals decided an important case that had broad implications for class action lawsuits. In that case, the plaintiff was an employee who brought a lawsuit in state court, asserting a number of workplace violations and wage requirement violations. Overall, the plaintiff asserted 10 causes of action, but only nine of them included class claims.

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When you are suffering from a bad cold or illness, finding a cure to alleviate your symptoms becomes a priority. There are a wide variety of over-the-counter methods available, but one of the most popular products on the market today is a Neti Pot. The Neti Pot is a device that flushes out congested nasal passages and helps people breathe more easily. The device is usually filled with water and a saline solution. The end of the device with a nozzle is inserted into the nostril, and the user then applies pressure to the device to force the water into the nostril and through the nasal passage.

According to a recent report from the U.S. Food and Drug Administration, however, Neti Pots may actually increase users’ risks of contracting an infection. In a statement warning consumers about Neti Pots, the FDA said that some tap water used in conjunction with the device can contain harmful bacteria and protozoa, including amoebas. If these bacteria are swallowed, the stomach is capable of killing them. If the organisms enter the nasal passage, however, they can survive and cause a potentially life-threatening infection. The FDA is advising consumers to use sterile or distilled water in Neti Pots in lieu of tap water. They also suggest boiling tap water and allowing it to cool before using it in the Neti Pot. Filtered water or bottled water may also be a viable option. It is also advisable to sanitize the device between uses to prevent cross-contamination or recontamination.

If you experience an infection linked to a Neti Pot, you can report the incident to the FDA’s MedWatch Safety Information and Adverse Event Reporting Program. Although Neti Pot is one of the most popular brands of nasal rinsing products, there are many similar devices sold under other brand names that pose an identical threat of nasal passage infection.

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As a personal injury law firm serving clients nationwide, Moll Law Group represents injured victims and their families. Many of these injuries were either preventable or unnecessary. Through it’s years serving the American community, Moll Law Group has come to understand that one of the best ways to avoid serious injury is by taking preventative measures. That is why Moll Law Group offers safety information and tips through its free consumer safety network – Legal News Network. In addition to providing safety information and donating to non-profit organizations, Moll Law Group offers bi-yearly scholarships to college students who write essays on the topic of safety and injury prevention.

College students were encouraged to submit an essay that provides safety information on the topic of their choice that furthers the injury prevention goal of the firm. Topics could vary from information on defective and dangerous products to transportation issues (e.g. distracted driving).

Among the many submissions received, the scholarship committee was finally able to narrow the list down to five finalists who share the same injury prevention vision. Now, Moll Law Group is asking for help from the community to assist in selecting the winner of the $1,000 scholarship award. Vote for your favorite injury prevention essay HERE. We will also heavily consider likes, shares and comments each essay receives on social media to determine the winner.