what is a mass tort attorney

by Evan Batz 10 min read

A mass tort is a civil lawsuit brought on behalf of a large group of people or their representatives (usually mass tort attorneys) against a single defendant (or a small group of defendants).

Full Answer

What are mass torts lawsuits?

Jun 10, 2021 · A mass tort is a civil lawsuit brought on behalf of a large group of people or their representatives (usually mass tort attorneys) against a single defendant (or a small group of defendants). As such, it is a public interest action that has the potential to be much more complex than a typical personal injury case and may impact all members of the group, rather than just …

How does a mass tort case work?

A mass tort lawsuit is similar to a class action in that a mass tort involves a large number of individuals who have suffered a similar harm as a result of the same wrongful act; however, there is one key difference to keep in mind: Mass Tort Lawsuits Are Usually Filed Individually. Each person who was harmed as a result of a mass tort must file his or her own lawsuit.

What are mass torts in personal injury law?

A mass tort is a single wrongful action that causes injury to many different people. These injured people can come together in a single mass tort lawsuit, seeking justice for their various injuries against just one defendant (or maybe a few).

What are some types of mass torts?

Feb 01, 2015 · To contact a mass tort attorney for a free case evaluation, please call 1.800.553.9910 (toll-free) or use the online contact form. Articles and News Law360 Names Tara Sutton a Product Liability MVP

image

Examples of Common Cases Where Mass Tort May Be Used

Mass tort cases often involve groups of people who have suffered injury as a result of defective products, harmful business practices, or dangerous drugs. Here are a few examples of situations that may warrant a mass tort:

Find Out if a Mass Tort Lawsuit Is Right for You

If you or a loved one has been injured due to a faulty product, a toxic substance, or general negligence that has affected a large group of people, you might be eligible to participate in a mass tort lawsuit.

What is mass tort?

What Is a Mass Tort? Mass Tort? The legal term "tort" is defined as a wrongful act that causes injury to another. A mass tort, therefore, is a wrong, usually committed by a large corporation, that injures many people.

What happens to a class action lawsuit?

Typically, in a class action, each person affected by the suit generally has suffered a similar level of physical or financial injury and will usually receive the same amount of compensation if the lawsuit is successful.

What is asbestos exposure?

Exposure to asbestos causes mesothelioma, lung cancer and other serious medical conditions. Many of the companies that manufactured products containing asbestos knew as early as the 1920s that inhaling the mineral could cause terminal medical conditions, yet failed to protect (or even warn) their employees and customers. So far, asbestos companies have set aside more than $30 billion to compensate asbestos victims and their families. To this day, lawsuits continue to be filed on behalf of victims of asbestos-related diseases.

How much did tobacco companies pay for Medicaid?

For decades, the tobacco industry misled their customers about the dangers of smoking. In 1998, the four largest tobacco companies agreed to pay $206 billion over 25 years to state governments to compensate them for smoking-related Medicaid costs. Cigarette smokers and their survivors continue to file lawsuits against the tobacco industry and many of these lawsuits allege that cigarette companies illegally advertise their products to children. In addition, thousands of lawsuits are currently pending against the tobacco industry alleging that cigarette companies are misleading customers about the safety of so-called "light" cigarettes.

How long does it take for a dishwasher to fail?

An appliance manufacturer releases a defective dishwasher into the marketplace that is prone to failure within five years of purchase. Allegations surface that a design error is leading to this premature failure. A class action lawsuit is filed on behalf of all U.S. residents who bought the appliance within the last four years.

Is a mass tort a class action?

A mass tort lawsuit is similar to a class action in that a mass tort involves a large number of individuals who have suffered a similar harm as a result of the same wrongful act; however, there is one key difference to keep in mind:

What is a Mass Tort?

The Lidji Firm is a nationwide practice that helps people who’ve suffered injury as a result of dangerous drug or medical devices find “THE” lawyer in America who is handling the Bell Weather trials in a first chair capacity.

Elmiron Lawsuit

The Lidji firm is evaluating claims for an Elmiron Lawsuit. Recent studies have found that patients that have been prescribed and use Elmiron have developed Maculopathy, an eye disorder that can lead to blindness. The manufacturer of Elmiron has failed to fully test the drug prior to its release and warn patients of the dangers of using the drug.

What is Elmiron?

Elmiron is a drug prescribed to treat interstitial cystitis, an ailment in the urinary tract system that causes abdominal and pelvic pain. The pain can be chronic or intermittent and the condition can often lead to frequent urination. Interstitial Cystitis is sometimes referred to as bladder pain syndrome that mostly affects women.

What are the symptoms of Maculopathy?

As reported in the Journal of Ophthalmology, patients that have been prescribed and used the drug Elmiron have developed Maculopathy. The studies have found that patents that use Elmiron have experienced the follow symptoms:

Consult a Doctor on Medical Issues

The Lidji firm does not intend, by this web site or otherwise, to dissuade anyone from taking the advice of medical professionals and their doctors. Please consult your doctor, not your lawyer, on matters relating to your health.

Elmiron Lawsuits: IC Drug Linked to Eye Damage

Elmiron Lawsuits: IC Drug Linked to Eye Damage#N#Elmiron lawsuits allege that the drug maker did not disclose the link between Elmiron use and serious vision damage and failed to warn patients about this risk.

Belviq (Lorcaserin) Cancer Lawsuit

Belviq (generic name: lorcaserin) is a popular prescription weight-loss drug made by Eisai Inc. to help people experiencing obesity and weight-related health issues curb their hunger. Alarmingly, a U.S.

How does a mass tort lawsuit work?

Mass tort lawsuits begin when an individual makes a claim against a defendant. The mass tort claim process follows the process of a civil litigation . An attorney helps them generate the complaint, gather the facts, and file the lawsuit.

What is mass tort?

A mass tort is some act or omission that harms or injures numerous people… . Mass tort actions are not single cases, but rather groupings of individual lawsuits alleging the same issues against the same defendant (s) and as such, they frequently involve multidistrict litigation.

What happens if a plaintiff wins a lawsuit?

If a plaintiff wins his or her case, he or she will earn compensation for damages. Since these lawsuits involve a number of plaintiffs, the compensation is based on each individual’s case circumstances.

Who is the defendant in a mass tort lawsuit?

The defendant in a mass tort lawsuit is the individual or group who allegedly committed an unlawful or harmful act against the plaintiffs. There can be more than one defendant in a mass tort. Defendants can share different levels of liability for injuries and losses in a mass tort.

Why do mass tort lawsuits have to be settled?

Because mass tort lawsuits are handled as individual cases, each plaintiff receives a settlement based on his or her specific damages. This means that each plaintiff and his or her representative attorney are responsible for making their case claim in court. Rewards vary from plaintiff to plaintiff, helping ensure the compensation is proportional to his or her losses.

How does tort law differ from criminal law?

Tort law differs from criminal liability. Tort is used to address private wrongs and is centered on compensation for the victim; crime law addresses wrongdoing against society and often focuses on punishing the wrongdoing. Some cases, such as an unlawful death, can involve both tort and criminal liability.

Is a group settlement a mass tort?

Group settlements are not as commonly awarded in mass tort lawsuits. Group settlement are more commonly used in class action suits to be split evenly among class members. However, some mass tort resolutions will involve settlement money that is allocated to all members in addition to their individual compensation.

What is mass tort?

A tort is a wrongful act that causes harm to another person. A mass tort, therefore, is a wrongful act – typically committed by a large company – that harms many people. Those who are injured may be able to sue the wrongdoer to recoup their losses.

How are mass torts and class actions similar?

Mass torts and class actions are similar in that they both involve multiple individuals who have been harmed by a negligent party. However, they are distinct from one another in how the plaintiffs are treated.

How to help a lawyer?

In addition to hiring a proven attorney, you can bolster your chance for success by taking several steps: Follow treatment plans and medical advice from your doctor. Gather documents that could support your case, such as hospital bills, medical test results, prescriptions, and receipts.

What is mass tort law?

Mass tort law is part of personal injury law. Due to the wide diversity of cases, there are numerous laws governing this area, at both the state and federal level. However, mass torts are different from other regular personal injury lawsuits. Mass torts involve large numbers of claims involving one product or device.

Does Banner Legal offer legal consultations?

All prospective clients of Banner Legal receive a free confidential legal consultation. We will provide you with an honest and straightforward assessment of your claim, and its potential to be successfully litigated, with absolutely NO obligations!

What is mass tort?

There's no universal definition, but typically a "mass tort" civil lawsuit involves many plaintiffs (injured parties) against one or a few defendants (usually corporate manufacturers). Examples of mass tort litigation include: lawsuits linking Zantac ® and other ranitidine heartburn medications to cancer.

What are the benefits of mass tort litigation?

The Benefits of Mass Tort Cases. A primary benefit of mass tort litigation is economy of scale. Lawsuits are costly, and civil wrongs can go uncompensated when individuals can't afford to prosecute their claims against big corporations alone.

What is tort law?

In the eyes of the law, a "tort" is a civil wrong, as opposed to a criminal wrong. In civil lawsuits based on tort law (also known as personal injury law) plaintiffs must prove that the defendant's bad act, whether intentional or negligent, injured them in some way. Tort or personal injury lawsuits are intended to compensate ...

What is the burden of proof in civil litigation?

In civil litigation, plaintiffs have the burden of proving that the defendant's wrongful conduct caused their injuries ( causation) and that their injuries are real (damages). Because plaintiffs have the burden of proof, the costs of proving these cases can be significant.

Is assault a tort?

For example, an assault is both a tort and a criminal wrong. If someone threatened you and punched you in the face, you could sue them for your personal injuries, and the district attorney could also criminally prosecute them for assault and battery.

image