Taking steps to protect your privacy has never been more important than it is right now. Whether you’re using a dedicated computer or a mobile phone, there’s a very good chance that your online activity is being tracked and your data is being collected. Many of us grant consent for data collection without even realizing it; it’s baked into most online privacy policy agreements.

Sometimes, however, websites and social media platforms violate their own data collection policy terms. Sometimes they overreach and collect or store data in a way that is unlawful. In these and other such cases, the best way to hold companies accountable is to take them to court via a class action lawsuit. Kiesel Law can help you expose corporate wrongdoing to the general public, while also gaining you compensation for any damages you’ve suffered.

Although violations can occur regardless of whether or not one provides consent for data collection, it’s nevertheless important to know your rights and understand your options. Below, we’ll break down how a standard online privacy policy works while also providing tips for how you can protect yourself from unwanted data collection.

Understanding Online Data Collection

To put it simply, online data collection is the process by which websites and online services gather information about their users. This information can be anything from your name and email address to your browsing habits and device details. Here’s how it typically works:

Data Collection Points

• User Input: When you sign up for an account, make a purchase, or fill out a contact form, you willingly provide personal information.
• Cookies: Websites often use cookies, which are small text files stored on your device. Cookies can track your browsing history, preferences, and more.
• Device Information: Websites may collect data about your device, such as your IP address, operating system, and browser type.
• Third-Party Sources: Some websites obtain data from third-party sources, like social media platforms or data brokers, to enhance user profiles.

Data Use

• Personalization: Websites use collected data to tailor your experience. For instance, they may suggest products based on your past purchases.
• Analytics: Data helps websites understand user behavior, improve content, and optimize site performance.
• Advertising: Many websites rely on targeted advertising, using your data to display ads that align with your interests.
• Third-Party Sharing: Some websites share data with third parties, like advertisers or analytics providers, for various purposes.

Data Storage

Websites store collected data on their servers, often following strict security protocols to protect your information from breaches and unauthorized access.

How to Read an Online Privacy Policy

To gain insights into a website’s privacy practices, its data collection policy is your go-to resource. Here’s what to look for when reading these policies:

Data Collection Scope

• What Data is Collected: The privacy policy should specify the types of data collected, such as personal information, browsing history, or device details.
• Why Data is Collected: Understand the purpose behind data collection, whether it’s for improving user experience, analytics, or marketing.

Third-Party Sharing

• Disclosure of Third Parties: Check if the website shares your data with third parties and who these parties are.
• Purpose of Sharing: Understand why data is shared with third parties, whether it’s for advertising, analytics, or other purposes.

Cookie Usage

Cookie Information: Find out how the website uses cookies and tracking technologies. Look for options to manage or disable cookies in your browser settings.

Consent Mechanisms

Opt-In and Opt-Out: Many websites use opt-in mechanisms for data collection, requiring users to actively agree to it. You should also have the option to opt out or withdraw your consent at any time.

Data Retention

How Long Data is Stored: Privacy policies should state how long your data is retained by the website. Some retain it for specific periods, while others keep it indefinitely.

Access and Correction

User Rights: Check if the privacy policy grants you rights to access, correct, or delete your data. Many privacy laws provide these rights to users.

Updates to Privacy Policy

Notification of Changes: Ensure the privacy policy outlines how users will be notified of changes to data collection practices and how such changes are handled.

Contact Information

Contacting the Website: Look for contact information or a dedicated support channel to reach out to the website if you have questions or concerns regarding your data.

Withdrawing Consent for Data Collection

If you’re concerned about data collection practices or wish to protect your privacy further, here’s how you can withdraw your consent for data collection:

Opt-Out Mechanisms

Cookies: Many websites provide options for managing cookies in your browser settings. You can often choose to block or limit the use of cookies.

Privacy Settings

Account Settings: If you have an account on the website, check for privacy settings. These settings may allow you to customize data collection preferences.

Contact the Website

Reach Out: Use the contact information provided in the privacy policy to contact the website. Express your desire to withdraw consent for data collection or inquire about data deletion.

Unsubscribe from Marketing

Marketing Communications: If you want to stop receiving marketing emails or communications, use the provided opt-out mechanisms in these messages.

Use Privacy Tools

Browser Extensions: Consider using privacy-focused browser extensions or tools that can help you control and protect your online data.

Exercise Legal Rights

Data Protection Laws: Depending on your location, you may have legal rights under data protection laws, such as the right to access, rectify, or delete your data. You can contact the website to exercise these rights.

Seek Compensation for Online Privacy Policy Violations

If you find the process of untangling a website data collection policy difficult, you’re not alone. Some companies intentionally make their online privacy policy terms obtuse in order to obtain your consent for data collection. Despite what you may have been led to believe, though, you’re not powerless in controlling your private data. By following the tips outlined above, you can safeguard yourself from unwanted data collection.

Even still, if you have found yourself damaged by data collection overreach or an online data breach, you may be entitled to compensation. The attorneys at Kiesel Law can help evaluate your case and determine the best course of action. Contact us today to learn more.

The post Data Collection and Consent: Understanding Online Privacy Policies appeared first on Kiesel Law.

Now more than ever, the modern workplace is a digital landscape. Both remote and in-office employees use internet-connected devices in a variety of ways when doing their jobs. From editing and sharing files via the cloud to coordinating with co-workers via messaging apps and video conferencing, we spend a lot of time online.

This unprecedented level of digital workplace integration may enhance productivity, but it also raises important questions about online privacy rights for employees and the responsibilities of employers to safeguard and respect their employees’ data privacy. Companies who shirk these responsibilities may open themselves up to class action lawsuits.

Here at Kiesel Law, we take employee privacy rights seriously. If you have had sensitive data stolen due to employer negligence, you may be entitled to compensation. In this guide, we’ll provide a basic overview of employee privacy rights, as well as tips for how employers can ensure that their employee’s private information stays secure.

Employee Online Privacy Rights

Expectation of Privacy

Employees typically have a reasonable expectation of privacy when using workplace computers for personal purposes, especially if their employer has not explicitly stated otherwise. This means employers cannot engage in invasive monitoring without consent or legitimate cause.

Personal Accounts and Communication

In many cases, employees have the right to keep their personal email accounts, social media profiles, and other personal online activities private. Employers should refrain from accessing or monitoring these accounts without express consent.

Protected Classes and Discrimination

Online activities can reveal information about an employee’s protected characteristics, such as race, religion, or sexual orientation. Employers must not use this information for discriminatory purposes.

Whistleblower Protections

Employees who report illegal or unethical behavior within their organization are often protected from retaliation. This includes protection against any form of monitoring or disciplinary action intended to deter whistleblowing.

Online Privacy Responsibilities of Employers

Transparency and Consent

Employers should be transparent about their data collection and monitoring practices. Employees should receive clear information about what is monitored, why it is monitored, and how their data is used. In some cases, obtaining explicit consent may be necessary.

Legitimate Business Interests

Employers have the responsibility to ensure that any monitoring or data collection activities are based on legitimate business interests. This includes protecting company assets, ensuring network security, and preventing misconduct.

Data Security

Employers must implement robust security measures to protect employee data. This includes safeguarding sensitive personal and financial information from unauthorized access, data breaches, and cyber threats.

Limiting Access

Access to employee data should be restricted to individuals who require it for legitimate business purposes. Employers should have clear policies in place to prevent unauthorized access or use of employee data.

Privacy Policies

Employers should establish comprehensive privacy policies that clearly outline data collection practices, the use of employee data, and the rights of employees in terms of data privacy.

Training and Awareness

Employers should provide training to employees regarding data privacy and security best practices. This includes educating employees about the potential risks associated with online activities in the workplace.

Non-Retaliation

Employers should not retaliate against employees for asserting their data privacy rights or raising concerns about data privacy practices within the organization. Whistleblower protections should be upheld.

Protecting Online Privacy in the Workplace

Balancing employee rights and employer responsibilities in the realm of online privacy is essential to foster a healthy work environment. Here are some strategies for employers to achieve this equilibrium:

Clear Policies

Employers should establish and communicate clear policies regarding data privacy in the workplace. Employees should be aware of their rights and responsibilities.

Consent and Choice

Whenever possible, employers should seek employee consent for data collection and monitoring. Offering choices when it comes to online privacy practices can empower employees.

Minimize Invasive Practices

Employers should minimize invasive monitoring practices and only collect data that is directly related to legitimate business interests. Overly intrusive monitoring can erode employee trust.

Data Retention

Employers should have policies in place for the retention and deletion of employee data. Keeping data longer than necessary can pose risks to privacy and security.

Employee Education

Employers should invest in employee education on data privacy, emphasizing the importance of secure practices and the potential consequences of improper online behavior.

Our Attorneys Are Experts in Online Privacy Law

Unfortunately, not every employer is willing to live up to their responsibilities. If you believe your employee privacy rights have been violated, you may be able to pursue legal action. Contact Kiesel Law today.

The post Online Privacy in the Workplace: Employee Rights & Employer Responsibilities appeared first on Kiesel Law.

Social media has revolutionized the way we connect, communicate, and share our lives with the world. However, that convenience and interconnectedness come with a significant trade-off. Social media privacy issues are a constant concern for many consumers. These days, it’s not hackers and phishers we have to worry about; social media companies themselves are sometimes involved in data privacy violations.

For those who have had their data stolen, stored, or shared without their consent, participating in class actions is often the best possible recourse. It not only provides compensation to people whose lives have been affected by social media privacy issues, it also helps hold those responsible accountable. If you have been the victim of a social media data privacy violation, Kiesel Law may be able to help. Contact us to schedule a consultation.

Meanwhile, if you haven’t been the victim of a social media data privacy violation yet, we recommend taking steps to protect yourself. In this guide, we’ll explore some of the biggest concerns involving social media and privacy today. We’ll also tell you how to protect your data on social media.

Social Media Privacy Issues

The first step to keeping your data safe online is to educate yourself on the current state of social media and privacy online. Here are some of the biggest social media privacy concerns you should be aware of…

Data Collection and Profiling

Social media platforms collect a vast amount of user data, including your posts, likes, comments, location, device information, and more. This data is often used to create detailed user profiles, allowing advertisers and the platform itself to target users with personalized content and ads.

Third-Party Data Sharing

Many social media platforms share user data with third-party developers and advertisers. This data sharing can lead to the creation of comprehensive user profiles, which can then be used for targeted advertising and other purposes, often without users’ explicit consent.

Privacy Settings and Defaults

Social media platforms may default to settings that prioritize user data sharing rather than privacy. Users often need to actively adjust these settings to restrict data sharing and protect their privacy.

Data Breaches

Social media platforms are attractive targets for hackers and cybercriminals. Data breaches can expose users’ personal information, including email addresses, passwords, and other sensitive data.

Psychological Manipulation

Social media algorithms are designed to keep users engaged, often leading to addictive behaviors. The platforms use personal data to curate content, which can lead to echo chambers and the spread of misinformation.

How to Protect Your Data on Social Media

Now that you know more about the relationship between social media and privacy issues, you’re ready to learn how to protect your data on social media. Below, we’ve compiled a list of practical tips that you can use to safeguard your personal information online…

Review Privacy Settings

Regularly review and adjust your privacy settings on social media platforms. Limit the information you share publicly and restrict access to personal data.

Be Selective with Permissions

Only grant necessary permissions to apps and websites that request access to your social media accounts. Review and revoke permissions for apps you no longer use or trust.

Use Strong, Unique Passwords

Create strong, unique passwords for your social media accounts. Consider using a password manager to securely store and generate passwords.

Enable Two-Factor Authentication (2FA)

Enable 2FA on your social media accounts for an extra layer of security. This typically involves receiving a verification code on your phone or email when logging in.

Limit Personal Information

Be cautious about sharing sensitive personal information such as your address, phone number, or full birthdate on social media profiles.

Manage App Permissions

Review and manage app permissions regularly. Revoke access to apps that no longer need access to your data.

Be Wary of Phishing

Be cautious about clicking on links or providing personal information in response to unsolicited messages or emails. Scammers often use social media for phishing attacks.

Use Privacy-Focused Platforms

Not all websites are created equal. Consider using alternative social media platforms that prioritize user privacy and data protection. Keep in mind that their popularity may be lower than more mainstream platforms.

Educate Yourself

Stay informed about data privacy issues, social media policies, and privacy regulations. Understanding the landscape will help you make informed decisions.

Regularly Review Your Activity

Periodically review your social media activity, including posts, likes, and friends. Remove any content or connections that you no longer feel comfortable with.

Practice Digital Detox

Take breaks from social media to reduce your digital footprint and protect your mental health. Consider detox periods to minimize exposure to targeted content.

Support Data Privacy Legislation

Advocate for stronger data privacy regulations and support initiatives that prioritize user rights and data protection.

Has Your Online Privacy Been Violated? We Can Help

By taking proactive steps to protect your personal information and by being mindful of your online activity, it’s possible to navigate the digital landscape more safely. That said, private data is very valuable, and that means it will always be a target for malicious actors. Even if you take every possible precaution, you could still suffer a data privacy breach.

Fortunately, there are ways of holding social media platforms accountable. If you’ve had your data stolen or shared due to the negligence or wrongful action of a social media company, the attorneys at Kiesel Law may be able to help you see justice done.

The post Social Media and Privacy 101: How to Protect Your Data on Social Media appeared first on Kiesel Law.

When individuals or entities act recklessly, the result is often tragedy. If you’ve lost a loved one due to someone else’s negligence or wrongful action, it’s natural to want to seek justice and compensation. One of the best ways to do that is by pursuing a wrongful death lawsuit. But what is a wrongful death lawsuit? Furthermore, what exactly is the difference between wrongful and criminal negligent homicide?

Kiesel Law has helped countless clients hold negligent parties accountable through wrongful death claims. No one knows the ins and outs of wrongful death better than we do. Below, we’ll compare and contrast wrongful death vs. criminal negligent homicide so you can get a better idea of which one may apply to your situation.

For more expert legal information, schedule a consultation with Kiesel Law today.

What is a Wrongful Death Lawsuit?

Wrongful Death Definition

Wrongful death is a civil legal concept that allows the surviving family members or beneficiaries of a deceased person to seek compensation from the party or entity responsible for the death. It is a lawsuit filed in civil court, rather than a criminal case. Wrongful death claims typically arise from situations where someone’s negligence, intentional actions, or failure to act resulted in another person’s death.

Key Elements

To succeed in a wrongful death claim, the plaintiff (usually a surviving family member) must generally prove the following elements:

• Duty of Care: The defendant owed a duty of care to the deceased person. This duty is typically established by demonstrating a legal relationship, such as doctor-patient, driver-passenger, or employer-employee.
• Breach of Duty: The defendant breached their duty of care through negligent or wrongful actions, failing to meet the standard of care expected in the given circumstances.
• Causation: The defendant’s breach of duty was a direct or proximate cause of the deceased person’s death.
• Damages: The death resulted in financial losses, such as medical expenses, funeral costs, loss of financial support, and emotional suffering, for the surviving family members.

Objective and Outcome

The primary objective of a wrongful death lawsuit is to seek financial compensation for the losses suffered by the deceased person’s surviving family members. This compensation can include economic damages (such as medical bills and lost income) and non-economic damages (such as pain and suffering or loss of companionship). It may be obtained through either a trial ruling or an out-of-court settlement.

What is Criminal Negligent Homicide?

Criminal Homicide Definition

Criminal negligent homicide, on the other hand, is a criminal offense. It is a type of homicide charge that arises when a person’s negligent actions lead to another person’s death. Unlike wrongful death, which is a civil matter, criminal negligent homicide is prosecuted by the government in criminal court.

Key Elements

To secure a conviction for criminal negligent homicide, the prosecution typically must prove the following elements:

• Negligence: The defendant acted with criminal negligence, which means they acted recklessly or with a gross deviation from a reasonable person’s standard of care.
• Causation: The defendant’s negligent actions were a direct cause of the deceased person’s death.
• Mens Rea: Criminal negligent homicide requires the prosecution to establish that the defendant acted with mens rea. This refers to a culpable mental state, such as recklessness or gross negligence, as opposed to ordinary civil negligence.

Objective and Outcome

The objective of a criminal negligent homicide case is to hold the defendant criminally accountable for their actions. If convicted, the defendant may face penalties, including incarceration, fines, probation, or other criminal sanctions. The outcome of a criminal case does not involve financial compensation for the victim’s family; instead, it focuses on punishment and deterrence.

Legal Distinctions

Here are some key legal distinctions between wrongful death and criminal negligent homicide:

Nature of the Case

• Wrongful Death: Civil lawsuit filed by surviving family members to seek compensation.
• Criminal Negligent Homicide: Criminal charges brought by the government to seek criminal penalties.

Burden of Proof

• Wrongful Death: The plaintiff must prove their case by a preponderance of the evidence (more likely than not).
• Criminal Negligent Homicide: The prosecution must prove the defendant’s guilt beyond a reasonable doubt, a higher standard of proof.

Punishment

• Wrongful Death: The outcome is financial compensation for the plaintiff.
• Criminal Negligent Homicide: The outcome may involve incarceration, fines, probation, or other criminal penalties for the defendant.

Plaintiff

• Wrongful Death: Surviving family members or beneficiaries file the lawsuit.
• Criminal Negligent Homicide: The government (prosecution) brings charges against the defendant.

Legal Standards

• Wrongful Death: Generally, it relies on the concept of negligence and does not require proof of a culpable mental state beyond ordinary negligence.
• Criminal Negligent Homicide: Requires proof of a higher degree of negligence and often involves a culpable mental state like recklessness.

Seek Justice for Wrongful Death Today

Hopefully, you now have a better idea about how to answer the question “What is a wrongful death lawsuit?” If you or someone you know is interested in pursuing a wrongful death claim, don’t wait; contact Kiesel Law today.

Our attorneys are experts in wrongful death and other forms of personal injury law. We can help you gain compensation and peace of mind. Let us put our expertise to work for you.

The post What is a Wrongful Death Lawsuit? Wrongful Death vs. Criminal Negligent Homicide appeared first on Kiesel Law.

Losing a loved one is never easy, but knowing that their death could have been avoided makes it all the harder. However, there are ways of holding accountable those whose negligence or wrongful action created this tragedy. Kiesel Law has helped countless individuals seek justice by filing wrongful death claims.

In addition to relieving the financial burdens associated with losing a loved one, wrongful death claims help many of our clients find a sense of closure. Sometimes, the defendant in a wrongful death suit will offer a settlement to avoid going to trial, and it can be tempting to accept the offer just to experience closure sooner. That’s not always in your best interest, though.

How do you know when and when not to accept an out-of-court settlement? What are the advantages and disadvantages of taking a wrongful death claim to trial? Kiesel Law can help you fully understand your options. Below, we’ll explore the intricacies of the “settlement vs. trial” dilemma. Want to learn more? Contact us today to schedule a consultation.

Taking a Wrongful Death Claim to Trial

Wrongful death trials are sometimes long and often complicated, but they also provide numerous opportunities that many plaintiffs find worthwhile. During a wrongful death trial, your claim could be decided by either a judge or jury, which makes their outcome hard to predict.

Wrongful Death Trial Pros

• Potentially Higher Compensation: One of the significant advantages of going to trial is the possibility of receiving higher compensation. Juries can award substantial sums, including economic damages (e.g., medical expenses, funeral costs, lost income) and non-economic damages (e.g., pain and suffering, loss of companionship).
• Seeking Accountability: Trials provide an opportunity to hold the responsible party accountable publicly. This can help ensure that negligent individuals or entities are held responsible for their actions and discourage future negligence.
• Clarification of Legal Rights: Trials clarify the legal rights of the parties involved and establish legal precedents that can benefit others in similar situations.

Wrongful Death Trial Cons

• Uncertainty: Trials can be unpredictable, and there is no guarantee of a favorable outcome. If the jury does not rule in your favor, you may receive no compensation.
• Time-Consuming: Trials can be lengthy processes, often taking years to reach a resolution. This can prolong the emotional and financial strain on surviving family members.
• Legal Costs: Pursuing a trial can be expensive due to legal fees, court costs, expert witness fees, and other expenses. Even if successful, legal costs may reduce the final compensation.
• Emotional Toll: Trials can be emotionally draining for all parties involved, as they require reliving the traumatic events and enduring cross-examination.

Settling a Wrongful Death Claim

To avoid a potentially long, expensive, and publically damaging trial, the defendant in a wrongful death claim may offer an out-of-court settlement. Wrongful death settlements forgo the trial process in favor of providing the plaintiff with mutually agreed-upon compensation.

Wrongful Death Settlement Pros

• Certainty and Speed: Settlements offer a faster and more predictable resolution compared to trials. This can provide emotional closure and financial relief sooner.
• Guaranteed Compensation: When you accept a settlement, you know exactly how much compensation you will receive, avoiding the uncertainty of a jury verdict.
• Reduced Costs: Settling a case often results in lower legal costs, as it avoids the expenses associated with lengthy trials.
• Privacy: Settlements are typically confidential, protecting the family’s privacy and sparing them from the public scrutiny that often accompanies trials.

Wrongful Death Settlement Cons

• Potentially Lower Compensation: Settlement offers may be lower than what a jury could award at trial. Insurance companies or defendants may aim to minimize their financial liability.
• Foregoing Accountability: Accepting a settlement means foregoing the opportunity to publicly hold the negligent party accountable, potentially missing out on the deterrence factor.
• Limited Legal Recourse: Once a settlement is accepted, you typically cannot reopen the case or seek additional compensation, even if unforeseen expenses arise.
• Negotiation Challenges: Negotiating a fair settlement can be complex, requiring the guidance of experienced attorneys to ensure that all losses are adequately compensated.

Settlement vs. Trial: What Factors to Consider

When deciding whether to take a wrongful death lawsuit to trial or accept a settlement, it’s important not just to consider the pros and cons, but to also examine other factors that could affect the outcome of your claim. Here are a few important facts you should keep in mind:

• Strength of Evidence: Assess the strength of your case and the likelihood of success at trial. Strong evidence may encourage you to pursue a trial, while weak evidence may lean you toward settlement.
• Emotional Impact: Consider the emotional toll of a trial on your family. Some may prefer the closure that a settlement offers over the emotional strain of a court proceeding.
• Financial Needs: Evaluate your immediate and future financial needs. If your family is struggling financially, a settlement may provide much-needed relief more quickly.
• Accountability: Consider whether public accountability is important to you. If you believe that the negligent party needs to be held publicly responsible for their actions, a trial may be more appealing.
• Legal Advice: Consult with experienced attorneys who specialize in wrongful death cases. The lawyers at Kiesel Law can provide valuable insights and help you make an informed decision.

Make the Right Decision. Choose Kiesel Law

Choosing whether or not to accept a wrongful death settlement is a deeply personal and complex decision. Only you can know for sure what is best for you, both financially and emotionally.

That doesn’t mean it’s a decision you have to make on your own, however. Here at Kiesel Law, we have decades of experience trying and settling wrongful death claims.  Let us put that experience to work for you. Contact us today.

The post Wrongful Death Settlements vs. Trials: Weighing the Pros and Cons appeared first on Kiesel Law.

In the US, drug safety regulations are overseen by the Food and Drug Administration (FDA), which plays a crucial role in ensuring the safety and effectiveness of pharmaceutical drugs. The FDA’s regulatory framework is designed to protect consumers from harmful or defective products. But that doesn’t mean it’s enough.

Sometimes, manufacturers and distributors violate FDA drug regulations, either intentionally or through negligence. When that happens, people can get hurt, not just physically but also emotionally and financially. That’s where Kiesel Law comes in.

At Kiesel Law, we believe in the importance of holding pharmaceutical companies accountable. We’ve helped countless plaintiffs achieve positive outcomes through pharmaceutical liability claims. If you have suffered damages due to harmful or defective drug products, we can help you receive just compensation. Contact us today.

FDA Regulations for Drug Safety

When pursuing a pharmaceutical liability claim, understanding what kind of FDA regulations are in place and how they work is often crucial. That said, proving a violation of drug safety regulations isn’t a prerequisite for proving negligence and/or harm. Pharmaceutical companies can still be held accountable even if they aren’t shown to have violated the below-described FDA drug regulations.

1. Drug Approval Process

Before any pharmaceutical drug can reach the market, it undergoes an approval process with the FDA. Key steps of this process include:

• Preclinical Testing: Drug manufacturers conduct laboratory and animal studies to assess a drug’s safety and effectiveness.
• Investigational New Drug (IND) Application: Manufacturers submit an IND application to the FDA, detailing the results of preclinical testing and plans for human trials.
• Clinical Trials: Human clinical trials are conducted in phases to evaluate a drug’s safety and efficacy in larger populations. The FDA closely monitors these trials.
• New Drug Application (NDA): If clinical trials are successful, manufacturers submit an NDA to the FDA, providing data on the drug’s safety and effectiveness.
• FDA Review: The FDA reviews the NDA and approves the drug if it meets safety and efficacy standards.

2. Post-Market Surveillance

Once a drug is approved and available to the public, the FDA continues to monitor its safety through post-market surveillance:

• Adverse Event Reporting: Drug companies, healthcare professionals, and consumers are encouraged to report adverse events and side effects associated with drugs. The FDA maintains the Adverse Event Reporting System (FAERS) to track and investigate these reports.
• Risk Evaluation and Mitigation Strategies (REMS): In some cases, the FDA may require drug manufacturers to implement REMS to ensure the safe use of a drug. This can include restricted distribution or additional monitoring.

3. Labeling and Packaging Regulations

FDA drug regulations require pharmaceutical labeling and packaging to provide consumers and healthcare professionals with essential information about the drug’s use, potential side effects, and dosing instructions. Labeling must be clear, accurate, and up-to-date.

4. Good Manufacturing Practices (GMP)

Drug manufacturers are required to adhere to GMP regulations, which govern the design, monitoring, and control of manufacturing processes to ensure product quality and safety.

Holding Drug Companies Legally Accountable

FDA regulations aren’t always sufficient to protect consumers from harmful and defective pharmaceuticals. Fortunately, consumers have their own legal options for holding drug companies accountable for harmful or defective products:

1. Product Liability Lawsuits

• Defective Products: If a pharmaceutical drug is found to be defective or dangerous due to design flaws, manufacturing errors, or inadequate warnings, consumers can file a product liability lawsuit.
• Failure to Warn: Manufacturers have a duty to warn consumers and healthcare professionals about known risks associated with their products. If they fail to do so, it can lead to liability claims.

2. Multidistrict Litigation (MDL) and Class Actions

• MDL: When multiple individuals file lawsuits against the same drug manufacturer for similar injuries, the cases may be consolidated into an MDL. This streamlines the legal process and allows for more efficient handling of similar claims.
• Class Actions: In some cases, consumers may pursue class action lawsuits against drug companies when numerous individuals have suffered similar harm due to a drug’s defects or side effects.

3. Negligence Claims

• Negligence: Consumers may file negligence claims against drug companies if they can demonstrate that the manufacturer’s actions, such as inadequate testing or misleading marketing, led to their injuries.

4. Mass Tort Litigation

• Mass Torts: Mass tort litigation involves numerous plaintiffs with similar claims against a drug manufacturer. These cases are typically consolidated for more efficient legal proceedings.

5. Consultation with an Attorney

• Legal Counsel: Consumers who believe they may have suffered harm due to a pharmaceutical drug should consult with an experienced Kiesel Law attorney right away. Our lawyers have specialized knowledge and experience in product liability and pharmaceutical litigation. We can assess your case, help you gather evidence, and provide guidance on the best legal course of action.

Hold Drug Companies Accountable with Kiesel Law

The FDA is an important ally when it comes to holding pharmaceutical companies accountable, but it isn’t perfect. That’s why it’s essential for consumers to be aware of their rights and options when it comes to pursuing legal action. Whether a company has violated FDA regulations or not, you may be entitled to compensation. Contact us today to learn more.

The post FDA Regulations and Drug Safety: Holding Pharmaceutical Companies Accountable appeared first on Kiesel Law.

Drug product liability laws are a vital component of consumer protection globally, holding manufacturers and distributors accountable for the safety and effectiveness of pharmaceutical drugs. While the fundamental aim is consistent across countries, the specifics of drug product liability laws can vary significantly.

If you or someone you love have suffered damages due to drug product defects Kiesel Law can help you seek compensation. Our attorneys are experts in pharmaceutical product liability actions, both at home and abroad.

Drug Product Liability Law in the United States

In the US, the Food and Drug Administration (FDA) regulates pharmaceuticals, ensuring their safety and efficacy before they reach the market. Key aspects of drug product liability laws in the US include:

• Strict Liability: Under the principle of strict liability, manufacturers can be held liable for any injuries caused by their drugs, even if they exercised reasonable care during production and distribution.
• Failure to Warn: Manufacturers are required to provide adequate warnings about known risks associated with their drugs. Failure to do so can lead to liability claims.
• Design Defects: Manufacturers can be held liable for design defects in their drugs if the product is deemed unreasonably dangerous as designed, and safer alternatives exist.
• Marketing and Promotion: Pharmaceutical companies can be held liable for misleading marketing, off-label promotion, or fraudulent claims about their products.
• Statute of Limitations: There are time limits within which a plaintiff can file a product liability lawsuit, known as the statute of limitations.
• Multidistrict Litigation (MDL) and Class Actions: Multiple similar product liability cases may be consolidated into MDL or class actions for more efficient legal proceedings.
• Compensation: In the US, compensation awarded in product liability lawsuits can include economic damages (medical expenses, lost wages), non-economic damages (pain and suffering), and punitive damages (intended to punish the defendant).

Drug Product Liability in Other Countries

Drug product liability in other countries varies from place to place. Here are some helpful examples from some of the most prominent countries and territories that do business with the US.

European Union (EU)

The EU has a harmonized regulatory framework for pharmaceuticals that includes product liability provisions. Key aspects of drug product liability laws in the EU include:

• Strict Liability: Similar to the US, EU law holds manufacturers strictly liable for defective products.
• Pharmacovigilance: The EU has a robust pharmacovigilance system to monitor the safety of drugs post-market. Reporting and assessment of adverse events are essential components.
• No-Fault Compensation Systems: Some EU countries, like Sweden and Denmark, have no-fault compensation systems that provide compensation to victims of vaccine-related injuries without requiring them to prove negligence.

Canada

In Canada, pharmaceuticals are regulated by Health Canada. Key aspects of drug product liability laws in Canada include:

• No-Fault Compensation: Canada has a no-fault compensation program for vaccine-related injuries, similar to some EU countries.
• Strict Liability: Manufacturers can be held strictly liable for injuries caused by their drugs, even without proof of negligence.
• Health Canada Oversight: Health Canada monitors drug safety, investigates adverse events, and issues warnings and recalls when necessary.

United Kingdom

In the UK, the Medicines and Healthcare products Regulatory Agency (MHRA) oversees pharmaceuticals. Key aspects of drug product liability laws in the UK include:

• Strict Liability: Manufacturers can be held strictly liable for injuries caused by their drugs, even if they exercised due diligence.
• Consumer Protection: The Consumer Protection Act 1987 provides a framework for product liability claims, including those related to pharmaceuticals.
• Pharmacovigilance: The MHRA maintains a pharmacovigilance system to monitor drug safety and take necessary actions.

US vs. Other Countries: Key Differences in Drug Liability 

While the fundamental principles of drug product liability law are similar across most regions, there are notable differences

• No-Fault Compensation: Some countries, like Sweden, Denmark, and Canada, have established no-fault compensation systems for vaccine-related injuries, simplifying the compensation process for victims.
• Regulatory Framework: Each country has its regulatory agency responsible for drug oversight, such as the FDA in the US or the MHRA in the UK.
• Statute of Limitations: The time limits within which a plaintiff can file a product liability lawsuit vary by country.
• Compensation Limits: Some countries may have caps on the amount of compensation that can be awarded, while others, like the US, allow for substantial punitive damages.
• Class Actions: The availability and use of class actions and MDLs differ between countries. In 2023, the European Union expanded mass action availability, making it easier for consumer groups to bring class action both within their home countries and across borders.

Our Attorneys Are Experts in Drug Product Liability

It doesn’t matter where you live, when you use pharmaceutical drugs to treat an injury or illness, you should be able to feel safe in the knowledge that those drugs weren’t manufactured with harmful defects. Sadly, that’s not always the case.

When pharmaceutical manufacturers and distributors act with negligence, Kiesel Law is there to hold them accountable. Our lawyers have the knowledge, experience, and resources necessary to help you seek just compensation. Contact us today.

The post Comparing Drug Product Liability in the US and Other Countries appeared first on Kiesel Law.

One of the biggest myths and misconceptions about class actions is that they are frivolous. This is a lie perpetuated largely by those who want to discourage consumers from holding large organizations accountable, or who want to spin public opinion in favor of those organizations.

In truth, class actions are a powerful tool that allows everyday people to seek justice for damages suffered due to the negligence of businesses, corporations, government bodies, and other such entities. To help maintain the integrity of the class action process, there are numerous criteria a case needs to meet before it can receive certification of class action status.

Kiesel Law is one of the most widely recognized and highly respected class action law firms today. We’ve helped countless plaintiffs receive just compensation through class action lawsuits. To help you better understand the class action certification process, below we’ll explain what the most important class action lawsuit requirements are, what they mean, and why they matter.

Class Action Requirements: 5 Essential Criteria

If you’re thinking about initiating a class action lawsuit, Kiesel Law is ready, willing, and able to stand by your side. Together, we can help make sure your case meets all the requirements for a class action lawsuit, including…

1. Numerosity

To receive certification of class action status, the proposed class must be numerous enough that individual lawsuits would be impractical. Courts do not specify a specific minimum number of class members, but the numerosity requirement generally requires that there be enough potential class members to make it more efficient to resolve their claims collectively.

• Impracticality of Individual Lawsuits: The court must determine that pursuing separate lawsuits for each potential class member would be unreasonably time-consuming and burdensome for both the plaintiffs and the court system.
• Factors Considered: Courts consider factors such as the total number of potential class members, the geographical dispersion of the class, and the financial resources available to individual class members.

2. Commonality of Legal and Factual Issues

Among the most fundamental of all class action criteria is the presence of common legal and factual issues among the potential class members. This means that the claims of the proposed class members must share common questions of law or fact that predominate over individual issues.

• Common Legal Issues: Class members must have claims that involve similar legal theories or violations of the law. These legal issues should be shared by all potential class members.
• Common Factual Issues: There should be common facts or circumstances underlying the claims. For example, if a group of consumers all purchased a defective product with the same defect, the factual issue of the defect would be common among them.
• Predominance: The common legal and factual issues should predominate over any individual issues. In other words, the shared issues must be the most significant and central aspects of the case.

3. Typicality of Claims

Similar but separate to the class action requirement is the principle of claim typicality. That is, the claims of the named plaintiff or plaintiffs (those bringing the class action) must be typical of the claims of the proposed class members. In other words, the named plaintiffs’ claims must be substantially similar to those of the other class members.

• Similar Claims: The named plaintiffs’ claims should involve the same legal theories and violations of law as the claims of the proposed class members.
• No Conflicts of Interest: There should be no conflicts of interest between the named plaintiffs and the class members. The named plaintiffs should not have interests that are antagonistic to those of the class.

4. Adequacy of Representation

The court must ensure that the named plaintiffs and their attorneys can adequately represent the interests of the proposed class members. This involves an evaluation of the competence and commitment of the legal team and the willingness and ability of the named plaintiffs to act on behalf of the class. For this reason, it’s important to choose the right lawyer for your class action lawsuit.

• Competent Legal Representation: The class should be represented by attorneys with the necessary experience and expertise in the relevant area of law.
• Financial Resources: The legal team should have the financial resources to pursue the case effectively.
• No Conflicts of Interest: There should be no conflicts of interest between the named plaintiffs and the class. The named plaintiffs should not have a personal interest in the outcome that differs from that of the class.

5. Certification Hearing

The final requirement for a class action lawsuit is for the plaintiffs to request a certification hearing. During this hearing, the court evaluates whether the proposed class meets all the necessary class action criteria. The plaintiffs must present evidence and arguments to demonstrate that their case qualifies as a class action.

• Burden of Proof: It is the burden of the plaintiffs to prove that their proposed class satisfies the requirements for class action status.
• Judge’s Decision: The judge presiding over the case will make a determination based on the evidence and arguments presented during the certification hearing.

No One Knows Class Action Better Than Kiesel Law 

If you’re unsure about whether your potential lawsuit meets the above-described class action requirements, contact Kiesel Law. Our expert attorneys have a lifetime of experience preparing class action lawsuits for certification. We’ve helped countless plaintiffs receive positive outcomes for their claims, and we can do the same for you.

The post What Are the Requirements for a Class Action Lawsuit? appeared first on Kiesel Law.

In civil litigation, mass torts and class actions are two of the best legal tools plaintiffs have at their disposal when addressing widespread harm caused by a product, service, or action.

That said, what is a mass tort? What is a class action? How are the two similar and how do they differ? While they both share certain similarities, it’s important to understand what sets them apart. Each has its own unique features, advantages, and drawbacks.

No one knows this better than the attorneys at Kiesel Law. Over the years, we’ve helped countless individuals pursue successful mass tort and class action lawsuits. We want to do the same for you. Below, we’ll take a closer look at mass torts vs. class actions. With this information, you’ll be better equipped to navigate the complex landscape of civil litigation and see justice done.

If you’re thinking about initiating a mass tort or class action, don’t wait; contact Kiesel Law today!

What is a Mass Tort?

A mass tort is a legal proceeding that involves a significant number of plaintiffs who have suffered injuries or damages due to a common cause, often stemming from a defective product, harmful pharmaceuticals, environmental pollution, or workplace hazards. Unlike class actions, where a single representative sues on behalf of a group, mass torts involve multiple plaintiffs filing individual lawsuits against the same defendant or group of defendants.

Each plaintiff in a mass tort maintains their own distinct legal claim, allowing for a personalized assessment of their damages. This individualized approach takes into account the unique circumstances of each case, such as the severity of injuries, medical history, and financial losses. Mass torts provide plaintiffs with the opportunity to seek compensation proportionate to their specific hardships, which can lead to more equitable outcomes.

What is a Class Action?

In direct contrast to mass torts, class action lawsuits are designed to consolidate numerous individual claims under the umbrella of one single lawsuit. In this scenario, a representative plaintiff, or a class representative, brings a claim on behalf of a larger group—the class. Class actions are suitable when a large number of plaintiffs have suffered relatively similar injuries or damages due to a common defendant or set of circumstances.

One of the biggest advantages of class actions is their efficiency. Instead of numerous separate cases, a single trial resolves the collective claims of all class members, saving time and resources for both the plaintiffs and the court system. Additionally, class actions can hold defendants accountable for their actions by allowing individuals who might not have pursued litigation individually to seek compensation as part of a larger group.

Weighing the Pros & Cons of Mass Tort vs. Class Action

Now that you have a better idea of the differences between mass torts vs. class actions, you may be wondering which is right for you. Depending on your unique situation, one or the other may be better suited to helping you achieve your legal goals.

With that in mind, here’s what you should consider about mass torts and class actions:

Advantages of Mass Torts

• Personalized Compensation: Mass torts prioritize individualized compensation, ensuring that plaintiffs receive damages commensurate with their specific injuries and losses.
• Customized Investigations: Each case within a mass tort can be thoroughly investigated to establish a direct link between the defendant’s actions and the plaintiff’s harm.
• Legal Flexibility: Plaintiffs have greater control over their cases, choosing whether to settle or go to trial based on their unique circumstances.
• Expertise Advantage: Attorneys specializing in specific areas of harm can collaborate, pooling their expertise to build a stronger case against defendants.

Disadvantages of Mass Torts

• Complexity: Coordinating multiple individual cases can be complex and time-consuming, potentially leading to longer legal processes.
• Varied Outcomes: Individual case outcomes may differ, leading to potentially inconsistent results when seeking justice against the same defendant.

Advantages of Class Actions

• Efficiency: Class actions streamline the legal process, avoiding redundant trials and conserving judicial resources.
• Accessibility: Class actions allow individuals with relatively small claims to seek compensation collectively, making legal recourse more accessible.
• Consistency: All class members receive the same compensation if the case is successful, ensuring a uniform outcome.

Disadvantages of Class Actions

• Limited Personalization: Plaintiffs surrender some control over their cases, as the outcome is determined by the representative plaintiff’s decisions.
• Potential Inequity: Settlement amounts might not accurately reflect the severity of each class member’s damages, leading to discrepancies.

Kiesel Law Attorneys Are Exports in Mass Tort & Class Action

Choosing mass tort vs class action is a difficult decision for many plaintiffs, one that requires careful consideration of the case’s specifics and the desired outcome. That’s why it’s crucial to consult with a seasoned legal professional.

Kiesel Law can help you determine the most appropriate strategy for your situation, increasing your chance of securing a fair resolution. From personal injury to wrongful death cases, we’ve represented plaintiffs in countless mass tort and class action lawsuits. Let us put our knowledge and experience to work for you.

The post Mass Tort vs. Class Action: What’s the Difference? appeared first on Kiesel Law.

“Kiesel Law Appointed to Leadership of the California Social Media Cases JCCP #5255”

Kiesel Law LLP is taking a leading role in the legal battles concerning the impact of social media on young adults and children. They are helping to lead the charge in the California Judicial Council Coordination Proceeding (JCCP) 5255 litigation against social media companies, representing clients who allege harm from the addictive and dangerous nature of these companies’ products. This leadership position underscores Kiesel Law LLP’s commitment to challenging what they view as irresponsible and outrageous behavior by social media companies, arguing that these platforms have designed products that are inherently addictive and detrimental to the well-being of young vulnerable users. The firm’s involvement in this high-profile litigation reflects its broader mission to protect consumers and hold corporations accountable for negligence, fraud, unfair business practices, and wrongful conduct that adversely affects the public. For those seeking more information about this litigation or needing legal representation related to social media’s impact, Kiesel Law LLP’s experience and proactive stance in these matters make them a pivotal resource.

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