Class Actions

Silva & Silva has been involved in cases where individuals and classes of individuals have suffered injuries and death from their exposure to dangerous pharmaceuticals, like Fen-Phen; dangerous products, like silicone breast implants; toxic substances, like asbestos and mold found in sick buildings and cases against unscrupulous individuals and corporations that engage in consumer fraud and Ponzi schemes.

A class action is a way for individual claimants who have similar claims to be grouped together in a class, which allows their claims to be handled more efficiently because the costs of investigating and prosecuting the claim are shared by the entire class.

Among the class actions in which Silva & Silva has been involved is the Fen-Phen class action litigation against the manufacturers of the two drugs that, when combined, form the dietary cocktail known as Fen-Phen. The victims unknowingly took the Fen-Phen diet pills and suffered pulmonary hypertension, cardiac arrhythmias, valvulopathies and heart disease. In this particular case, the manufacturers failed to warn the consumers about these side effects.

Another typical class action case that Silva & Silva handled was the consumer fraud case that involved the sale of beads to be assembled by well-intentioned consumers, who were promised astronomical rewards for their labor, only to find out that it was Ponzi scheme, also known as pyramid scheme.

In a pyramid scheme, the people who participate early on derive their benefit from the people that follow, and so on, until there are no more people to dupe, and the scheme collapses. By then, the organizers of the illegal scheme, more often than not, have diverted the illicit profits offshore.

The diagram below illustrates how a Ponzi scheme works:

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