Mass tort litigation is a fairly new area of law that became popular in the 1980s as the result of the changing technologies that have resulted in new products and new product distribution methods that have brought about more injuries and accidents. When numerous people are injured in a similar manner by the same defective product or service, a mass tort claim allows their voices to be heard together in one massive claim. Mass torts typically revolve around a dangerous medical device or pharmaceutical drug, but other examples can include defective car seats, faulty automobile parts, and any other type of products that is placed onto shelves for purchase by consumers.
Mass tort claims are different from personal injury claims for three distinctive reasons. First, they involve a large number of claims instead of just a single claim. Secondly, there must be factual and legal issue commonalities in mass tort claims despite the large number of claimants. Thirdly, there is a value interdependence between the different claims. These cases can be difficult to resolve and extremely complex, and it is important for a skilled Coral Gables injury lawyer to be involved from the outset in order to have the best chance of success.
Mass tort claims are particularly beneficial because they can resolve massive numbers of claims that would otherwise be stuck in a lengthy backlog in court. Through the increased usage of social media, more and more Americans are becoming informed and educated about the causal links between product use and exposure and injuries, and this had led to an increase in the number of mass tort claims filed annually.
Some of the most popular mass tort claims revolve around pharmaceutical drugs that have proven to be dangerous and harmful to consumers. Here at Mesa Law Firm, we know how to help you seek justice and compensation for the following types of mass tort claims and more, so do not hesitate to call our firm for more information!
Pharmaceutical Drugs: These types of mass tort claims are filed more commonly than you may think. For example, one of the latest drugs to result in litigation is Pradaxa. This is a blood-thinning medication prescribed to patients who need to prevent strokes or blood clotting, and is so popular worldwide that it has been estimated to be valued at $20 billion per year. This medicine can bring about harmful side effects such as gastrointestinal bleeding, kidney bleeding, brain hemorrhaging and more, and there is always a potential for a mass tort claim.
Transvaginal Mesh Devices: These medical devices were introduced on the market as solutions for women who are suffering from pelvic organ prolapse or urinary incontinence. Unfortunately, transvaginal mesh devices have led to serious medical conditions and side effects in countless women, and the companies responsible for designing and manufacturing these devices should be held responsible for the pain and suffering.
Toxic Torts: Toxic mass torts happen when there are numerous injuries or wrongful deaths caused by toxic substances. These toxic substances, such as asbestos, pesticides, diesel fuels, and other polluting materials, can be present in the workplace and may have a devastating effect on workers over a period of time.
Disaster-Related Torts: Large-scale disasters, such as a bridge collapse or an aviation accident, can harm a significant number of people in a split second. These disasters are sometimes caused by the negligence of companies or their employees, and bringing a mass tort action in these situations can help the victims by bringing justice and compensation.
Many mass tort claims are started when a large number of claims arise within one or a few jurisdictions over a relatively short period of time. These claims are brought against one or a few defendants by a small number of law firms and are managed by only a few judges in order to ensure continuity. In the past, some of the successful mass torts have involved Agent Orange, breast implants, tobacco, asbestos, and contraceptive devices. Everyone who has been affected by the action or product in question will be a part of the mass tort unless they opt out.
At the end of a mass tort, the court will decide how to divide any recovery among the members of the claim. There may be several groups of attorneys involved, and the court will also divide the costs and fees that each attorney will receive as a percentage of the entire recovery. Mass tort claims are usually more complicated than class action lawsuits because they do not always follow standard procedure.
It can be difficult to determine settlements and compensation for each member of a mass tort, and that is why it is important to have a dedicated attorney on your side. For example, mass tort claims that involve defective drugs or medical devices are particularly complicated because they can create a wide range of problems for individuals. Whatever your situation may be, you will benefit from the help and guidance of a Coral Gables personal injury attorney at the Mesa Law Firm. With more than a decade of experience in these types of cases, our firm's legal team has the resources and detailed legal knowledge needed to recover the compensation you deserve.
Call today for a free consultation and learn more about our case results in these types of claims.