Mass tort lawsuits can help you recover damages after you’ve suffered damages alongside many others, usually due to wide-scale negligence on the part of a company or companies. You may have suffered serious injuries and moved to open a lawsuit against the liable party, only to discover that a mass tort already exists against that company. On the other hand, you may have just started to notice others having the same issues you have and need to find an attorney to help handle your claim.
Working with the mass tort lawyers at Gomez Trial Attorneys can help you and others injured by a company’s negligence seek compensation for your losses. We can also help you understand and work through the complicated mass tort process. Our firm also has the size and experience to guard your right to the compensation you deserve along the way.
Contact Gomez Trial Attorneys as soon as possible to learn more about your mass tort claim and how you can seek compensation.
A mass tort lawsuit varies from a typical class action claim. In a mass tort claim, the victims injured due to the company’s negligence may have widely different stories and injuries resulting from their use of that company’s products or services. Most often, mass tort claims involve medical devices.
In a mass tort claim, unlike a class-action lawsuit, one plaintiff does not represent all of the plaintiffs in the claim. Most often, each plaintiff can file a personal injury claim alone, but all plaintiffs get moved together as part of one mass tort claim, usually due to wide-scale injuries. Frequently, those injuries occur, not due to deliberate action on the part of the defendants, but rather due to accidental negligence—a medical device that causes unexpected harm, for example.
A mass tort claim consolidates the claims, but it does not eliminate the individual right that each victim has to compensation. While the claimants may get processed together, each one will have their claim processed on the grounds of his losses. The plaintiffs may have attorneys to fight for fair compensation.
In a mass tort claim, you have the same right to compensation as you would in an individual personal injury claim. You may, for example, have the right to recover:
Depending on your losses, you may have extensive medical bills related to injuries suffered due to the plaintiff’s negligence. For example, the Biomet Hip design, a metal-on-metal hip design, has led to symptoms of metallosis, or metal poisoning, which can cause significant suffering and the need for long-term medical treatment.
You may have emergency medical expenses if you abruptly noticed a problem that you needed to address, or long-term treatment costs related to your injuries and suffering. For example, you may have had to seek a replacement for an implant, or stay in the hospital while receiving treatment for specific injuries.
Often, injuries suffered due to the negligence of another party can prevent you from performing your usual work responsibilities. Maybe, for example, you can’t work while suffering from certain cancers that can develop from long-term use of some chemicals. Or you might have trouble working due to the extent of your injuries and suffering, such as if you lost your limb, hearing, or vision due to faulty products.
Some employers will help you stay at work for as long as possible despite long-term injuries. Others, however, may not have the ability to work with you. Talk to a lawyer to learn more about how you can claim compensation for your lost wages.
In addition to compensation for tangible financial losses, you can pursue compensation for suffering related to your injuries. For many individuals, this can prove extensive. A mass tort claim against 3M Military Earplugs, for example, indicates that the earplugs did not adequately protect against hearing loss. Lost hearing can significantly decrease the overall quality of life and lead to complications that you must suffer through. An attorney can help you assess how to include your suffering as part of your personal injury claim.
Mass tort claims can arise for a variety of reasons, and new claims arise regularly. You may seek a lawyer to aid in your participation in current mass tort claims, including:
3M Military Earplugs
3M Company agreed to pay $9.1 million to settle allegations that it knowingly sold defective earplugs in bulk to the U.S. Military. The earplugs did not provide adequate protection for their users, according to the U.S. Justice Department. As a result, service members who used these earplugs have developed hearing loss and tinnitus. Many members of the U.S. military have received high-value settlements related to 3M military earplug use.
Biomet hips use a metal-on-metal design. Over time, the metal pieces scrape against each other, causing microscopic particles of metal to release into the patient’s body. Over time, the metal building up in the body can lead to metallosis, which can cause pain in the hip or groin area, swelling, and weakness. Over time, it can also cause problems with the heart, kidneys, and nervous system. Those problems can compound over time, especially if the patient does not return for a future hip replacement.
Breast Implant (Allergan) Recall
Allergan, which produces breast implants, has recalled a long list of the BIOCELL textured products, including the Allergan Natrelle Saline-Filled Textured Breast Implants and Allergan Natrelle Silicone-Filled Textured Breast Implants. These implants can lead to an increased risk of developing anaplastic large cell lymphoma in many patients. 481 of the 573 worldwide cases of this type of lymphoma related to Allergan breast implants.
Belviq, also known as Lorcaserin, can cause an increased occurrence of cancer in patients who take it. Belviq, a weight-loss drug, helps decrease hunger in many patients, causing them to eat less and, therefore, to lose weight over time. Unfortunately, Belviq’s side effects, including the increased risk of cancer, led to a recall.
COVID-19 Business Insurance
During COVID-19, many businesses experienced unprecedented losses. Some businesses, luckily, carried the insurance that they needed to protect themselves and their workers from shutdowns and pandemic-related costs. Many insurance companies, however, never anticipated having to pay out in such large amounts, especially over such a small time. As a result, many businesses found themselves without the anticipated payouts from their insurance companies, leading to unexpected financial difficulties. Many insurance companies have also denied claims that they should pay out, based on the terms of their policies.
COVID-19 Nursing Home Claims
COVID-19 often causes devastation as it moves through a nursing home. In many nursing homes, the disease had the opportunity to move through unchecked, leading to immense suffering and high death rates. Many nursing homes failed to take adequate precautions against the spread of COVID-19. Those facilities may have offered inadequate testing, failed to isolate potentially infected residents, or struggled to keep ill staff members away from residents.
Depuy ASR Hips
Several years ago, Depuy pulled its ASR hips from the market in Australia due to high failure rates. Unfortunately, it took the company much longer to remove its hips from the international market. As a result, these hips, which have a high failure rate, have caused problems for many more patients around the world.
Depuy Pinnacle Hips
Pinnacle hips had problems that included component loosening over time, malalignment of the components, and increased risk of infection or fracture of the bone. These hips, removed from the market in 2010, led to significant problems for many patients.
Depuy/Acumed Radial Head
In addition to problems with its hip replacement options, Depuy also had problems with some of the elbow replacement models on the market, including the radial head. The radial stem can loosen in the stem bone after the operation, leading to significant challenges among patients.
Food poisoning can occur in a variety of ways. Most often, however, food poisoning occurs due to contamination at the farm or during processing. People who deal with food at every stage of its journey must take careful precautions to decrease the risk to those who eat it. Food poisoning can, in some severe cases, lead to death.
Hernia mesh recalls have included mesh failure, punctured organs, or hernia recurrence, despite the assurance that the hernia mesh would take care of the problem.
Ivokana can cause a wide range of side effects, including urinary tract infections, increased urination, yeast infections, vaginal itching, thirst, constipation, nausea, and fatigue. Many users have chosen to participate in lawsuits against the company.
IVC filters marked as defective, including those manufactured by CR Bard and Cook Medical, have a higher likelihood of fracturing or perforating the inferior vena cava.
A mass tort case against the Jehovah’s Witnesses claims that the denomination protects sexual offenders, which led to the ongoing sexual abuse of many church members. The allegations resemble those against Roman Catholic, Southern Baptist, and United Methodist churches, among far too many others.
Low-T: Androgel, Testim, and Axiron
Low-T supplements, designed to raise testosterone levels, may have increased the risk of heart attack, stroke, or blood clots in many patients who used these products.
Mold Cases (Lincoln Military Homes)
In mold cases, such as the Lincoln Military Homes cases, many patients may have suffered significant respiratory damage, ongoing illness, and even cancer as a result of mold exposure over the time of their tenancy.
National Football League (NFL)
Many athletes in the NFL have suffered substantial concussions over the years. The mass tort claim initiated by current and former NFL players aims to seek compensation for those athletes and their families.
Roundup, when used in large quantities over a long time, can cause cancer. Roundup’s continued presence on the market has led to ongoing lawsuits.
Sartan Class Drugs
Sartan class drugs are intended to treat high blood pressure and heart failure. Unfortunately, some of these drugs were contaminated with NDMA, which can increase the risk of a cancer diagnosis.
Sharp Grossmont Privacy Case
The Sharp Grossmont hospital installed hidden cameras in operating rooms, violating patient privacy and recording more than 1,800 patients.
Smith & Nephew Hip Replacements and Smith & Nephew Total Knee Replacement
Some Smith & Nephew hips and total knee replacement kits contain damaged products that have a high rate of failure and complications, which can lead to serious health issues for patients who use them.
Stryker Rejuvenate Hips and Stryker V40 Hips
Complications associated with the Stryker products include corrosion, wearing away, and potential metallosis.
The use of talcum powder can cause an increased risk of ovarian cancer and mesothelioma when women use the products regularly. The talc used in baby powder also has the potential to cause an increased risk of cancer.
Taxotere, a powerful chemotherapy drug, has the potential to cause permanent hair loss. Many cancer patients and their families have filed lawsuits claiming that the manufacturers knew about these potential complications.
Wright’s ProFemur hips have an increased risk of failure, including leaving patients with a limp or decrease in the usual ability to walk.
Due to high levels of NDMA present in Zantac, it has an increased risk of causing cancer in patients who used it long-term.
Zostavax, a vaccine for shingles, has the potential to cause serious side effects and even death in many patients.
Zimmer Hips and Zimmer Total Knee Replacements
The Zimmer products, including both hips and total knee replacements, have a higher risk of failure than patients considered acceptable. These failures can cause serious complications for patients.
If a product, company, or organization caused you serious injuries, you have recourse. In cases of widespread damage, where many others shared similar injuries, entering a mass tort claim could make it possible for you to pursue your claim far quicker and more efficiently than proceeding on your own.
But you don’t want your claim to get lost amid everyone else’s. You need someone to look after your interests in case they diverge from the others in the mass tort. You also need someone to evaluate your claim to decide if a mass tort is right for your case.
You need Gomez Trial Attorneys.
Call us at 833-GET-GOMEZ or write to us using our confidential contact form for a free case evaluation. We work on contingency, so you will never owe us anything for taking your claim—and you have nothing to lose and many benefits to gain from working with Gomez Trial Attorneys.
Injured and think you have a mass tort claim? Get a real trial attorney. Get Gomez.
Deborah Dixon is the Managing Partner of the Complex Department at Gomez Trial Attorneys. The Complex Department litigates class actions and mass torts. Gomez Trial Attorneys’ class action practice focuses on defective products, consumer claims and statutory violations. In one year, she co-tried a multi-week federal class action jury trial and a state class action jury trial, a rare occurrence in class action cases. She actively litigates class actions in San Diego and federal courts across California. She has been approved by federal and state courts as lead class counsel in several class action cases. Deborah has also litigated mass tort actions, where many individuals are harmed by the same product. Gomez Trial Attorneys’ mass tort practice focuses on harmful pharmaceutical and medical devices as well as wide-spread corporate wrong-doing or fraud.
Prior to joining Gomez Trial Attorneys, Deborah had significant litigation with complex matters as a partner with a local San Diego firm. Deborah litigated hundreds of complex cases and completed several trials and arbitrations.
If you suffered an injury because of a faulty or defective device, drug, or product, you may find that you can take part in a mass tort litigation or MDL (“multidistrict litigation”). Of course, these are complex cases, usually involving hundreds of plaintiffs and several defendants. You can protect your rights best by hiring a law firm that understands the intricacies of mass tort lawsuits.
At Gomez Trial Attorneys, we are here to help answer all your questions about mass tort lawsuits. Our lawyers have gathered some of the most frequently asked questions regarding mass torts. However, since each case is different, we would love to speak to you in person to help you explore all your legal options more closely. To learn more about whether you can qualify for mass tort litigation, call us today!
Mass tort lawsuits are often confused with class-action lawsuits. However, the two are different.
In a class-action lawsuit, the injured victims have all suffered the exact same injury – typically for financial damages. As a result, upon the resolution of the case, if there is a financial award to the plaintiffs – all plaintiffs in the class are all given the same judgment. This award is then divided between them. There is no distinction between individuals who suffered more serious injuries and damages.
In a mass tort, each injured victim has an individual and separate lawsuit based on their own unique damages and injuries. That means that individuals who suffered serious and life-changing injuries would receive more compensation than those who suffered lesser injuries.
Mass tort claims can involve thousands of claimants. As such, these cases can take a long time to resolve, and resolution is not guaranteed. It is not uncommon for a mass tort lawsuit to take years before reaching a resolution. Since these lawsuits are all different, it is best to discuss your case with a mass tort lawyer. Our lawyers can give you a better idea of how long your particular lawsuit might take.
In general, mass tort claims follow a specific process that includes:
Review records. Attorneys across the country examine statements from claimants and identify the drug or device that is liable for the injuries suffered. Relevant medical records are then examined and reviewed for discovery purposes.
Injury consistency. Attorneys must then check for similarities among injuries and categorize the cases based on shared characteristics.
Federal and State court filing. Individual cases are then consolidated at a federal level in an MDL or at the state level in a coordinated state litigation to streamline the litigation and promote judicial consistency and efficiency.
Bellwether trials. A small group of lawsuits is chosen to go to trial first. The results of these trials can affect the outcome of later cases.
Settlement. Often prompted by the outcome of one or more bellwether trials, the parties may negotiate settlements for all claims involved. Claimants, along with their attorneys, can then decide whether to accept these settlements, take the case to trial, or to dismiss their case.
When a company manufactures a drug, the FDA holds them to strict standards. Generic drug manufacturers must ensure that their drugs have the same strength, dosage, and route of administration as the original brand-name drug. They must pass all the same quality standards testing as brand-name drugs. Laws regarding generic drug manufacturer liability vary from state to state. However, the Supreme Court ruled that the original manufacturers bear responsibility and liability for any negative side effects suffered from taking generic drugs.
Yes. These cases are complex and involve going up against large and powerful corporations and manufacturers with astronomical litigation budgets. As such, you need aggressive and experienced legal representation from the start. At Gomez Trial Attorneys, we can offer you legal guidance and support at every turn. We know mass tort claims and how to represent injured consumers. Our mass tort lawyers can help you seek the justice you deserve so you can focus on putting your life back together after a serious injury.
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