Mass Torts

A product liability claim is a claim brought against the manufacturer, seller or others involved in the chain of distribution of a product that contains a defect that has harmed you or others. Three types of defects commonly give rise to a product liability claim:

• Design defects The product was designed in a way that makes it dangerous when used as intended.
• Manufacturing defects Even though the product’s design is not flawed, it was made in a way that makes it dangerous when used.
• Labeling defect When a product is allowed to get into consumer’s hands without proper instructions on how to use it safely or without adequate warnings about risks that can arise when using the product.

In some cases, a product may contain one or more of these defects. Often, an issue that arises in these cases is proving that the defect exists and that it caused a person’s harm rather than some other cause. Experts typically are needed to establish causation.

Product liability litigation can be complicated, expensive and time-consuming. For this reason, it is important to work with a law firm that has experience in this area of the law as well as the resources to take on the case.

Class actions are very common in product liability claims. When many different people suffer similar harm due to a product defect, they may choose to join together in a single lawsuit that is filed against the manufacturer of the product.

Typically, one or a handful of plaintiffs whose injuries are representative of the others harmed will be given an opportunity to serve as the “lead plaintiffs” or “class representatives.”

A class action lawsuit may be filed in a state court or federal court.

“MCL” stands for “multicounty litigation.” An MCL is similar to multidistrict litigation (MDL). While an MDL centralizes individual lawsuits filed in different federal district courts, an MCL centralizes separate lawsuits filed in different counties within a state court system.

The court that oversees the MCL typically is a specialized court within the state court system, like a “business court,” or it is the court located in the county where the defendant’s headquarters are located.

An MCL, like an MDL, can make pretrial matters move along much more smoothly and eliminate the risk of inconsistent rulings in different courts.

The purpose of an MDL is to streamline the process of pretrial litigation in a mass tort case. Towards the end of this process, one or more plaintiffs whose claims are representative of the plaintiffs will have their cases selected for what is called a “bellwether trial.”

The outcome of this trial (or trials) will help both the other plaintiffs and the defendant(s) to forecast what could happen in future trials.

Often, when bellwether trials go in favor of the plaintiffs, it leads to the defendant(s) going forward with a settlement that will resolve all other claims, or a “global settlement.”

“MDL” stands for “multidistrict litigation.” When many different plaintiffs file lawsuits in federal courts in different parts of the country against the same defendants, alleging similar harm, the lawsuits can be centralized in the same U.S. District Court. MDLs are common in product liability claims.

An MDL helps to speed up and cut down on the costs of litigation and avoids the risk of inconsistent rulings. At the same time, it allows individual plaintiffs to maintain separate lawsuits.

The U.S. Judicial Panel on Multidistrict Litigation (JPML) decides whether to consolidate lawsuits into an MDL, chooses the court where the MDL will be conducted and picks the judge or judges to oversee the litigation.

A “tort” occurs when a person harms another through their negligent, reckless or intentional act. A “mass tort” arises when the same wrongful act harms numerous people in the same way.

In a mass tort action, the harmed people are the plaintiffs. The wrongdoers, or defendants, usually are one or a handful of corporations.

Mass torts commonly involve people harmed by defective products such as medical devices or pharmaceutical products. A mass tort often is triggered by a U.S. Food and Drug Administration warning, product recall, news reports or a study that reveals dangers associated with a product.

We can’t speak for other law firms. However, at Salvi, Schostok & Pritchard P.C., we take pride in always providing our clients with regular updates about the status of their case, responding to all of their phone calls and answering all of their questions.

We know your case is important to you. We want to make sure that you know what is happening at all times.

To learn more about your law firm’s approach to serving our clients in mass tort cases, simply call or connect with us online today.

In most mass tort cases, only one or a few plaintiffs actually need to appear at trial. These are plaintiffs whose cases involve facts and legal issues that are representative of the other plaintiffs.

In a class action, these plaintiffs are referred to as the “class representatives” or “lead plaintiffs.” In a MDL or MCL, they are plaintiffs whose claims are litigated in “bellwether trials,” or trials that can forecast what will likely happen in future litigation.

So, unless you are a lead plaintiff or your case is involved in a bellwether trial, you likely won’t have to appear at trial.

You should never have to pay any money up front to be included in a mass tort. At Salvi, Schostok & Pritchard P.C., for instance, we will charge you no fees for our legal services or litigation costs unless a verdict or settlement is obtained in your favor. Upon reaching a favorable result, our firm would receive an agreed-upon percentage of the award which you receive.

This is known as a contingency fee agreement. It allows you to get the legal help you need without concerns about costs.

The first step in a mass tort claim may be to contact your doctor if you believe you have suffered harm from a defective medical device or dangerous drug. A doctor can diagnose what has happened to you and suggest a course of treatment, which may include a revision surgery or a prescription for a safer drug.

The next step is to contact an attorney. Most law firms, including Salvi, Schostok & Pritchard P.C., will provide you with a free consultation. During this meeting, a lawyer will learn more about your case, answer your questions and explain the process your case will likely follow as it moves forward.

A lawyer can then get to work on investigating your claim, consulting with experts and preparing it to be filed in the proper state or federal court. In some cases, your lawyer can shepherd your claim through complex litigation taking place on a national scale.

The types of damages that can be sought in a mass tort action are similar to those in other types of personal injury claims. The goal is to make a plaintiff as “whole” as possible, or to return a plaintiff to the position he or she was in before the harm done by the defendant. Typically, the damages fall within four categories:

• Past and future medical expenses
  Compensation can be sought for emergency care, surgery, hospitalization, medication, assistive devices, rehabilitation and any other reasonably and necessary medical expenses.
• Lost income and diminished future earning capacity
  Coverage of all wages a plaintiff has lost (including bonuses, commissions and fringe benefits) and the loss of any income a plaintiff would have earned in the future.
• Pain and suffering
  Compensation for the physical pain that a plaintiff has suffered as well as scarring, disfigurement, disability, mental anguish, emotional distress and loss of enjoyment of life.
• Loss of consortium
  In some cases, these damages may be sought as well. They are aimed at compensating a victim’s loved one’s for harm done to their relationship, including the loss of companionship and intimacy.

Punitive damages may be sought as well. These damages are sought to punish a defendant for especially egregious misconduct and to deter the defendant from repeating the misconduct in the future. For example, if a medical device company knew a product had a dangerous defect but did nothing to warn patients or doctors about it, it may be the basis for a punitive damages claim.

A mass tort is a type of product liability action. It is a term that describes what occurs when numerous people have suffered the same injuries or illness from the same type of product defect. Usually, the products are manufactured by one company or a handful of companies.

Mass tort cases typically are consolidated into class action lawsuits, multidistrict litigation (MDL) or multicounty litigation (MCL). If the manufacturer’s liability is established by a jury verdict, or if there is overwhelming evidence of liability, it may result in a large settlement, or “global settlement.”