Mass Tort FAQs

What is a mass tort?

A mass tort case is a type of civil lawsuit that involves numerous distinct plaintiffs and one or more defendants. This type of case is often brought on by people who have been injured by a defective product, drug, or medical device.

Are mass torts and class action lawsuits the same?

Because they both involve multiple plaintiffs, these two types of lawsuits are often confused with one another. However, there are important differences. Class action lawsuits generally treat all plaintiffs similarly, while mass torts consider each plaintiff as an individual, as specific injuries may differ between each claimant. Another key difference is that class action lawsuits do not necessarily have to involve an injury, only wrongdoing of some kind.

Do mass tort plaintiffs get grouped together?

Mass tort cases treat each plaintiff as an individual, and they may each receive their own trials. Often, pretrial proceedings will consolidate each individual legal filing together in the interest of saving time, but this is generally temporary. Mass tort plaintiffs do not need to have suffered the same injuries or have been affected by the defective product or harmful medication in the same way. Their commonality is in the defective product, medical device, or medicine by which they were harmed.

All medicines list side effects, so how do I know if I have a case?

Many people experience mild to moderate side effects from their over the counter and prescription medications, which can be an unpleasant but necessary part of taking medicine. Common side effects include nausea, drowsiness, and body aches. However, extreme and severe adverse effects can occur and, when they do, may lead to a mass tort claim.

What responsibilities do drug manufacturers have?

There are requirements for testing and trials, as well as labeling and notification guidelines for drug companies. They must include warning labels that list possible side effects for the public and communicate the dangers to the Food and Drug Administration. Manufacturers must also notify doctors and other members of the medical community so they can safely prescribe the medications and keep their patients informed.

What happens if manufacturers fail to meet the requirements?

Despite the regulations and laws in place to protect consumers, drug and device manufacturers sometimes withhold important information from the public. In these situations, the companies can be held liable for the harm suffered as a result of the misinformation or lies. If manufacturers do not perform necessary and adequate testing that conforms to FDA regulations, they could face a mass tort lawsuit. The requirements for clinical trials, clear labeling, and notification are meant to protect the public from harm, and manufacturers may be held liable for any harm they cause by ignoring these safety precautions.

What are the most common mass tort claims?

Most often, mass tort lawsuits involve defectively designed or manufactured products, harmful medications or faulty medical devices. However, even if your claim involves a less common mass tort issue, CaseyGerry and its team of nationally recognized lawyers have the experience and knowledge to help you.

What does the mass tort process look like?

Each case is highly specific, and legal processes will not happen in the exact same way for different lawsuits. However, the general order of events in a mass tort case may include filing the lawsuit, beginning the discovery process, filing pretrial motions, and bringing the case before a jury.

What should I expect during the initial meetings with my lawyer?

Mass tort lawyers will often use the initial meetings to review records and check for consistency among other plaintiffs. Be prepared to present medical records and any other documentation you may have that can help with this process. When you meet with us, we will conduct a careful review of all the available evidence and any other claims that have been filed. If a common link or significant connection can be found between the other cases and your situation, a mass tort lawsuit against the manufacturer or company could be the solution.

What kinds of damages might I receive compensation for?

This varies, but in most cases, victims of defective products or dangerous medicines can recover damages which include past medical bills, future medical expenses, disability, lost income, pain suffering, emotional damage as well as other forms of damages.