Why File a Mass Tort?
The logic behind a mass tort is strength in numbers. Because many plaintiffs’ injuries are consolidated into one lawsuit in a mass tort, the plaintiff may have more success when facing a large and powerful defendant like a drug manufacturer or a chemical company.
Another benefit of a mass tort action is that it saves plaintiffs time and money in litigation. Plaintiffs share the findings of discovery, the testimony of expert witnesses, and the fruits of an attorney’s research rather than paying for them independently.
These small, consolidated efforts can mean a bigger win for everyone. Contact Morgan & Morgan for more information about your mass tort case.
How Is Something Defined as a Mass Tort Lawsuit?
In many cases, mass torts refer to negligence cases associated with a company's failure to do something. These often stem from defective devices, drugs, or products on the market that harm many people. In some cases, these legal claims get a great deal of publicity, whereas others may not necessarily make headlines. They will still have a significant impact on the lives of victims involved.
Mass tort lawsuits are slightly different from class action lawsuits. However, one thing they have in common is that both of these kinds of claims involve multiple plaintiffs and one or a couple of defendants. Class actions, however, are not always necessarily connected to injury claims or even one complaint that has common characteristics. Those plaintiffs in a class action lawsuit are grouped together in one class because they may be holding a company responsible for one specific action that led to widespread harm against a solid group of people.
Mass tort claims, however, can include different complaints against the same defendants and are most frequently filed in the category of medical products and dangerous drugs.
What Is a Prescription Drug or Device Maker Legally Responsible For?
There are specific requirements that prescription drug and medical device makers must keep in mind when creating new products. They must do everything possible to ensure that their products are safe and must continue to test their products for safety, explain the pros and cons, as well as the risks of using their products to consumers and healthcare providers, and conduct appropriate clinical trials per FDA requirements.
Are Many Medications Dangerous?
There are many different reasons why medications can be dangerous and end up on the market in the hands of consumers who think these drugs will help them. First is drug manufacturers may fail to properly warn consumers or the medical community about risks. They may have details from their clinical trials or reports from patients who have used the drug but fail to share this with the right people. This can lead to devastating injuries and medical conditions, and it is not the fault of the victims who have used these medications to deal with the consequences.
A second reason that a medication may be risky is that drug companies may not have conducted the appropriate studies to identify some of the risks associated after approval. If a drug has been pushed to market relatively quickly, long term data about what happens to patients after using it may not yet be available. However, if a drug company learns this information, they should share it with the public and medical community.
Finally, another reason that a company can be held accountable for negligent actions is because they've been marketing a medication for uses that are not approved by the U.S. Food and Drug Administration. Since the 1970s, more than 30 dangerous drugs that have been approved by the FDA have later been taken off of the market because of serious injuries or fatalities. Many other dangerous drugs are still on the market today.
What Are the Most Common Types of Mass Tort Claims?
The most frequent type of mass tort claims include those involving product liability, toxic contamination, and prescription drugs. The law firm of Morgan and Morgan has extensive experience in handling dangerous products, prescription drugs, defective medical devices, and toxic contamination cases. These cases require sophisticated knowledge and a strong network and resources. There are many different complex subject matters involved in pursuing a mass tort case, making it extremely important to find the right lawyers to help you with this situation.
What Is the Process for a Mass Tort Claim?
Your Morgan & Morgan lawyers will engage in a comprehensive process to protect your rights in a mass tort claim. We start by reviewing records from medical records and statements from claimants. We then move on to other processes, like verifying similarity of injuries, filing in federal court, and looking at bellwether trials, which are a small group of lawsuits that are filed first. You can learn more about this process by consulting with your attorney today.
Once you open a mass tort, your lawyer will keep you informed about how the case proceeds through court. You'll be able to ask questions and talk to your attorney about case developments, including whether or not the other side has offered a settlement offer you want to consider. Knowing that you have an informed advocate in your corner can make a big difference when managing cases like a mass tort. The experience of your law firm should be a top consideration when deciding to hire someone to help with your case.
If you think you may be eligible for a mass tort case, don't wait. Contact Morgan & Morgan today for a free, no-obligation case evaluation to get started.