When a dangerous medication or defective product harms many people, a mass tort can be an effective mechanism for pursuing justice. The mass tort attorneys at Marc Whitehead & Associates bring a strategic approach to litigating complex cases against Big Pharma and negligent corporations who put profits over consumer safety. We are staunch advocates for those who suffered an injury because of an improperly tested drug or faulty device. In addition, we leverage the resources and expertise to help victims recover full compensation.
You deserve to understand your rights and have quality legal representation. Our knowledgeable attorneys handle cases nationwide and can determine if your injuries qualify for mass tort litigation. Get the support and answers you need today. The case review is free and without obligation.
What is a Mass Tort?
The term ‘tort’ is legal term for a wrongful act committed by one party that results in injuries to another. Similarly, a mass tort is a wrongful act that causes harm to a large group of people. When dozens or hundreds of individuals are wrongfully harmed by a common defendant’s product–a faulty airbag or a prescription drug–their claims may be consolidated for a more efficient litigation process.
In the U.S., mass tort litigation primarily arises from toxic exposure, defective medical devices, and medications. While each plaintiff may suffer varying degrees of injury from the defendant’s product, there are commonalities in allegations and issues of fact. Even though plaintiffs in a mass tort are spread across different court jurisdictions, they are able to pool resources to save time and money.
Their lawyers are able to share in the discovery process and expert witness testimony, allowing them to mount strong legal arguments against negligent corporations or entities.
Examples of Mass Tort Litigation
Our mass tort attorneys advocate for those who have been harmed through no fault of their own. While many of these cases are rooted in product liability, our firm handles mass tort litigation stemming from:
- Toxic exposure to hazardous compounds such as pesticides, asbestos, lead, solvents, PFAS chemicals, and carcinogenic products
- Train accidents
- Defective medical devices such as hernia mesh, joint implants, IUDs, IVC filters, and others
- Faulty consumer products and household goods like e-cigarettes, talcum powder, 3M combat earplugs, car seats, automotive parts
- Dangerous pharmaceuticals like proton pump inhibitors, blood thinning medications, Statins, SSRIs, testosterone supplements, and diabetic drugs
- Commercial airplane crashes
- Environmental disasters like the BP oil spill
Difference between a mass tort and class action
Mass tort cases differ from class actions, in which many plaintiffs who sue a defendant are lumped together in a single lawsuit. Members of a class action must share any proceeds rendered by the courts or through settlement negotiations. By contrast, plaintiffs in a mass tort have their specific allegations and injuries considered individually. As a result, they can seek money damages from the defendant that are commensurate with their unique losses but can still benefit from a more streamlined pre-litigation process.
In addition, mass torts are often incorporated in multi-district litigation (MDL) proceedings. This centralizes multiple lawsuits before a single judge to ensure that pertinent arguments and evidence are applied in every claim. Unlike a class action, each claimant in the MDL retains control over their own lawsuit. If the plaintiff’s case is tried before a jury, any compensation obtained will be theirs alone and is not shared by other plaintiffs in the MDL.
Damages Available to Plaintiffs
With capable legal representation from Marc Whitehead & Associates, mass tort claimants can pursue compensation to account for both economic and non-economic losses. The damages awarded will be based on the severity and types of harm that each plaintiff experienced.
Global mass tort settlements are reached on a case-by-case basis and generally include compensation for:
- Past and ongoing medical expenses
- Loss of income
- Disability accommodations
- Expenses for household care
- Dolor y sufrimiento
- Sufrimiento emocional
- Pérdida de calidad de vida
- Loss of future earnings
- Loss of spousal consortium
Request a Free Consultation
If you have suffered an injury and economic loss from a defective product or device, you deserve to be compensated for your hardships. Call the law office of Marc Whitehead & Associates, LLP, to schedule a free and confidential consultation with a mass tort attorney.
We handle complex litigation in all 50 states and are prepared to fight for your rights. Since we operate on a contingency basis, there are no attorney fees unless a settlement or court award is recovered on your behalf. Because of legal deadlines for mass tort actions, it’s advisable to reach out as soon as possible. Call us today to explore your rights.