When a large number of people are injured by a single incident, accident, or action, their complaints, filed against the same defendant, form a mass tort legal action. These cases are handled by individual firms and are focused on holding the responsible parties accountable. They also seek compensation and justice for the plaintiffs who have been harmed.
If you or a loved one have been injured like this, you can learn more about your options by contacting the mass tort lawyers at Burnett Law Firm. We focus on providing superior legal advice and representation to plaintiffs harmed by defective medical devices or dangerous drugs. Our legal services are founded on building a strong attorney-client relationship, so we understand your needs.
Contact us for a free consultation to ask questions about whether your complaint belongs with other plaintiffs in mass tort actions.
What is Mass Tort Litigation?
A mass tort claim is a kind of personal injury and / or product liability lawsuit, often involving faulty medical devices or harmful medications. Others may result from plane crashes, defective vehicles, or industrial pollution. Settlements are typically very high to substantially punish the defendants.
The lawsuits of multiple individuals who suffered the same or similar harm are what make up a mass tort claim. Although the incident may have harmed thousands of people, only the ones who file a lawsuit as part of the mass tort action will receive any financial relief in their cases. The compensation is intended to cover medical costs and other expenses the claimants have incurred as a result of the defendant’s negligent or intentional actions.
Class Action Lawsuit vs Mass Tort
Most people have heard the phrase “class action lawsuit” but may not understand the differences between a class action and a mass tort lawsuit.
A class action suit collects hundreds or thousands of individual claims into one case, representing the similar injuries of each person. All claims will be tried as a singular case, with one or a few people representing the claims of the entire group.
In a mass tort action, each plaintiff files their own lawsuit and receives their own compensation based on their evidence and injuries. They are not treated as a class.
Mass Torts vs Multi-District Litigation (MDL)
Another type of legal action that can be confused with a mass tort is multi-district litigation (MDL). It is easy to make that mistake since MDL can sometimes become part of a mass tort action. While mass torts are when multiple individuals file personal injury lawsuits against the same defendant, each person may be in a different jurisdiction.
An MDL refers to a federal procedure in which the government streamlines all the claims into a single action. Again, this is not the same as a class action lawsuit, as plaintiffs will still receive compensation in accordance with their individual injuries.
By consolidating numerous cases from various venues into a single claim, a single court can hear and rule on the action, speeding the ability of claimants to see justice and secure their financial recovery from the responsible party.
Types of Mass Tort Cases
A mass tort case can form after nearly any kind of large-scale event that affects many people. Many of the claims our mass tort attorneys at Burnett Law Firm handle are for product liability, which can include defective medical devices and dangerous drugs.
Victims of Defective Products or Dangerous Drugs May Pursue a Mass Tort Claim
The Food and Drug Administration (FDA) oversees the testing and sale of pharmaceuticals in the United States. They receive thousands of requests to approve new drugs every year, often overwhelming the ability to closely review each proposal. This has led to a fast-track approval process that can result in dangerous drugs getting into circulation and causing mass illness or injury.
When a defective drug is identified, victims can file a complaint with the FDA in addition to filing a lawsuit against the manufacturer. The FDA will take the matter under consideration and determine if the medication should be taken off the shelves.
A product liability lawsuit addresses issues with a defective product that has been shown to cause injury, illness, or even death. Manufacturers, distributors, and vendors all have a duty to ensure their products are safe and clearly labeled. Insufficient information or confusing instructions are just as dangerous as faulty manufacturing when it comes to items such as medical equipment. A defective medical device can cause or worsen medical conditions, putting a patient at extreme risk.
Additional Categories of Mass Tort Litigation We Handle
Man-Made Catastrophes
Explosions, fires, and other man-made catastrophes can lead to a mass tort action against any company or agency found to be responsible for the event. For example, suppose a large real estate management firm fails to make repairs after failing inspections for a multi-story apartment building it manages.
If the building collapses, the tenants who survive and the families of those who perish can bring lawsuits against the firm. Victims can form a mass tort action to hold the company accountable and strengthen the chance their cases will be successful.
Toxic Substances
Industrial accidents or pollution often cause mass sickness or injury in communities surrounding manufacturing plants. Entire towns or cities may be impacted, leading to a large number of personal injury lawsuits. Other examples of toxic substances leading to mass tort claims are if a company fails to properly secure hazardous materials or does not engage in mold or asbestos remediation in their workplaces.
Cases involving these substances require specialized expertise from those schooled in chemistry, biology, and other sciences. They fall into a specific category of liability known as toxic tort litigation.
The Mass Tort Process
Many mass tort claims will be converted by the government into a multi-district litigation (MDL) case. When this happens, your case will be handled through the following process:
- You file a lawsuit: Your attorney will help you determine the correct court and how to file your lawsuit. You will submit evidence and other documentation within the statute of limitations.
- Pre-trial motions and proceedings begin: Lawyers for both sides of the case file motions and begin discovery. The court will appoint steering committees to guide the plaintiff and defendant.
- Cases are consolidated: The courts will determine if a sufficient volume of cases have similar enough facts and legal issues, then consolidate them into a single mass tort action.
- Discovery begins: This process involves each side sharing information they have with the other, including timelines of the event, medical records, expert witness testimony, and other relevant evidence.
- Bellwether trials are heard: The court will move a few individual cases to trial as a bellwether (or test) of how a judge and jury will rule on the case. This allows both sides to determine how they wish to proceed in the remaining lawsuits.
- Settlements are negotiated: If the bellwether trials are decided against the defendant, they may choose to negotiate out-of-court settlement offers with the plaintiffs. If these efforts are unsuccessful, the claimants may decide to continue to trial.
- Your trial begins: Because it is a mass tort and not a class action suit, your case will be allowed to move to federal court before a judge and jury. If you win your individual case, you will receive compensation for the damages you suffered due to the defendant’s negligent actions.
Contact the Mass Tort Attorneys at Burnett Law Firm Today and Schedule Your Free Consultation
Understanding the complexities of any lawsuit can be overwhelming to those untrained in the law. When you have been harmed by a defective product or drug, you must focus on getting better, not trying to fight against large companies determined to deny the blame.
Turn to the mass tort lawyers of Burnett Law Firm to manage your case instead. Our legal team is dedicated to ensuring your case receives the attention it deserves. We will coordinate with other parties to bring your claim into a mass tort action and secure the compensation you deserve from those at fault. Contact us today to schedule a free case evaluation and learn more.