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The use of medical devices and drugs is constantly increasing in the United States. New techniques are developed, pharmaceutical companies manufactured thousands drugs and medical devices each year, these products are put on the market immediately; therefore, the consequences can be terrible. / In the US, thousands even millions of people suffer from personal injuries because they use a defective medical product; this is referred as a mass tort. The class action procedure is often used in order to repair these personal injuries. Plaintiffs always ask for the use of this procedure, but the federal American courts always refuse the certification of the class because the conditions of Rule 23(b)(3) are not fulfilled. This is what is called "the new trend of American courts". / The non application of the class action procedure leads to terrible results; victims of a defective medical product cannot receive compensation for the injury they are suffering from. These victims choose the class action procedure because of its advantages, if the class action is not certified they won't sue individually. If the real problem was the non respect of Rule 23(b)(3)'s conditions, a modification or a reform of the Rule would have been done. Unfortunately the laxity of the federal judges tends to influence the American Congress who ignores the need for a reform of this rule. This makes us wonder what the real justifications motivating this refusal of certification are.

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