As an attorney who done his fair share of these kinds of cases (in the United States), there are a couple of things to consider. The idea of bringing such a claim crossed my mind several months ago. In doing just some very preliminary investigation, I determined that all of the "reef safe" medications for the treatment of ich do not share the same potential for legal challenge. I think you need to look at the issue on two fronts. First, challenging those medications which claim they work in terms of eliminating the parasite which do not do so. Second, challenging those medications that claim to be reef same which actually kill or injure livestock. With respect to both categories, examination of the packaging and product labels are critical. I think you will find that many of the materials that come with the medication are very carefully worded which may limit or eliminate certain medications from a successful legal challenge. Also, because each medication is sold with different packaging and claims of effectiveness and safety, you will likely run into problems bringing a claim against several different products in the same litigation because the issues with respect to each product are different.
To pursue such a case, I would think it would be most appropriate to bring it on a class action basis which would only require several representative plaintiffs who would serve as good examples of the failures of these medications. The discovery processs could be used to determine all of those throughout the nation who purchased the challenged product. Later in the litigation, notices would be sent out to all such persons giving them the option to participate in the litigation. Also, because many people will have purchased the medication with cash and thereby eliminate any record of who purchased the medication, public notices could be published about the litigation with instructions on how to opt into the litigation.
It should be noted that in cases like this the lawyer generally operates on a contingent fee basis which means the lawyer will be paid with a percentage of the recovery. Generally, it appears that the recovery for each person participating in the litigation will not be very large because of the cost of the medication and/or the cost of the livestock lost which will in my opinion necessitate the case being brought on a class action basis so as to pool all the losses together to make the case financially viable. It should also be noted that the law does not place any value on the emotional harm people suffer from the death of livestock. The law dating back to colonial times treats livestock like chattel or personal property dating back to the times when horses and the like were used as beasts of burdeon and therefore awards no damages for the emotional attachment people have to their animals. As alluded to above, the case will hinge on expert testimony in terms of establishing a scientific basis for the claim. Experts cost an enormous amount of money. Also, the other costs associated with the litigation, such as postage for notices to all class members, deposition fees, etc. are very expensive. As such, I think the out of pocket hard costs for such litigation would likely exceed $50,000.00. Therefore, any attorney willing to take this on will have to be prepared to write such a check to fund the case and hope that he/she gets this sum repaid should the case be successful. Also, a case like this will require a lot of attorney hours which means anyone who takes this case on has to be prepared to spend many hours without being paid and hope to recoup a reasonably hourly rate for his/her effort later should the case be successful. This can be quite a risky proposition for counsel.
