About Mass Torts
- Mass torts lawsuits occur when dangerous drugs, defective products, toxic exposure, or catastrophes cause many people harm or injuries.
- Mass torts are made up of numerous individual lawsuits that allege the same reasons for harm against the same defendant(s).
- A mass torts attorney can help victims hold negligent companies accountable and seek compensation for medical bills, pain and suffering, lost wages, and other damages.
Why Hire CSS for a Mass Tort Lawsuit
There are several ways numerous people can be injured due to a company’s negligence. This may happen because they failed to design, manufacture, market, or sell a product or medication that’s safe. It also happens when their actions or inaction expose people to harmful chemicals. In these situations, a mass torts lawyer can protect the rights of victims and get them the compensation they deserve.
The attorneys at Childers, Schlueter & Smith have decades of experience handling mass tort lawsuits. These cases provide much-needed and deserved financial support to victims, but have also led to improved safety standards, new regulations, and greater accountability within various industries.
The mass tort lawyers at our firm have handled large-scale cases involving dangerous drugs, defective products, and environmental and toxic exposure. Over the years, we’ve fought big pharma, wealthy manufacturers, and even government entities. We’ve represented tens of thousands of victims in mass tort lawsuits, ensuring they’re properly compensated for the harm they never should have endured.
If you are harmed by a product or drug or think you were exposed to toxins causing you illness or injuries, contact us today.
Types of Mass Torts We Handle
Far too often, hundreds, thousands, or more people are injured, develop life-changing illnesses, and/or suffer other losses and harm because of an act or omission by the same defendant(s). Sometimes, this negligence costs people their lives, leaving families distraught and struggling financially.
There are several types of mass tort cases, but typically, they fall under four categories: defective products, dangerous drugs, toxic exposure, and catastrophic events. At Childers, Schlueter & Smith, our mass tort lawyers have held medical device manufacturers, pharmaceutical companies, and a range of other businesses accountable for the harm their products caused victims. We’ve also gotten justice against businesses and government agencies for their role in exposing people to toxic chemicals.
Our firm specializes in the following types of mass tort lawsuits:
Defective Medical Devices and Defective Products
Each year, people are harmed by defective medical devices and products, even though great trust is placed in the companies that produce them. For example, joint replacement systems are supposed to improve the mobility and quality of life of patients, but sometimes, they do the opposite due to a defect, like those affected by Depuy ASR Hip Implants. The product defect caused significant pain and suffering, and financial burden among plaintiffs in these hip replacement lawsuits.
Then there are the everyday products that are used properly but pose serious risks to the health and safety of consumers because of a defect or danger that the manufacturer knew or should have known about. A prime example of this is the Roundup cancer lawsuits. Sadly, there are countless examples of product liability lawsuits due to negligent manufacturers.
In many defective product cases, hundreds, sometimes thousands or more, people are injured, develop illnesses, and endure other losses, leading to mass tort lawsuits. These cases require in-depth investigations to collect crucial evidence that shows a product was defective, it caused harm, the product was used as intended, and damages occurred as a result.
Dangerous Drugs
Just like product manufacturers, pharmaceutical companies must also make medications that include proper prescribing information and instructions for use and are safe when used as intended. When they fail in this duty, there can be serious health effects; a dangerous or defective drug can cause patients to suffer various illnesses or injuries and can even be fatal. If many people were harmed by the same medication and under the same circumstances, a dangerous drug mass tort might occur.
Dangerous drug mass torts require proof of a design defect, error during the manufacturing process, or that the drugmaker failed to provide proper instructions. At Childers, Schlueter & Smith, we’ve been fighting back against pharmaceutical companies that caused many victims to suffer because they failed to produce, sell, and market safe drugs. Some examples of cases we’ve handled include the Zantac lawsuits and Actos bladder cancer lawsuits.
Toxic Exposure
Toxic torts is another area of law our firm specializes in. This type of mass tort occurs when numerous people are exposed to toxic substances, like carcinogenic chemicals, and they develop illnesses as a result. When this happens, there’s usually a company that knew or should have known there were risks but acted negligently.
Toxic exposure mass torts require plaintiffs to prove when and where they were exposed to harmful substances. Environmental testing and scientific studies linking the substances to the illnesses of plaintiffs in a toxic tort are a key part of these cases.
There are several ways toxic exposure can cause harm to large groups of people. Companies that don’t properly dispose of solvents can cause dangerous chemicals to make their way into drinking water, like in the Camp Lejeune water contamination lawsuits. Improperly spraying pesticides or using pesticides that are banned can expose whole neighborhoods and cities to toxins that are harmful to human health. Another example of a toxic tort is when a workplace doesn’t protect its workers by implementing safety protocols for using or handling chemicals or other dangerous substances, putting them in danger. Toxic exposure can lead to cancer, reproductive issues, nerve damage, and other serious illnesses that can be fatal.
The best way to know your legal options when harmed by a defective product or medical device, dangerous drug, or toxic exposure is to consult our experienced mass tort attorneys.
Understanding Mass Torts, Class Actions, Multidistrict Litigation
Mass torts are regularly assumed to be the same as class actions, but they’re not. There are some similarities; they both involve numerous people who are grouped together due to similar circumstances and who suffered harm from the same defendant(s).
However, there are significant differences between mass torts and class actions. To make things more complicated, these types of legal proceedings may be consolidated into multidistrict litigation (MDL) as they develop, so it’s easy to mix up. And yet, it’s important to understand how a mass tort is different from a class action lawsuit, and how multidistrict litigation affects the legal processes of each.
First, in mass torts, plaintiffs maintain their individual lawsuits, whereas a class action is when one lawsuit is filed on behalf of a group of people – the class – and one plaintiff represents them all. In a class action, the result of the case is applied to everyone in the class; individuals may not decline a settlement or take the defendant to court if they’re unhappy with the outcome of the case. However, since plaintiffs maintain their individual lawsuits in a mass tort, their unique case and the harm or injuries sustained are reflected in settlement offers and jury verdicts. Also, class actions require designation by meeting specific criteria.
So, where does MDL come in? Multidistrict litigation may occur when civil cases share common questions of fact. It prevents similar cases from tying up numerous courts throughout the country, allowing resources to be pooled and saving time and money for everyone involved. Often, mass tort MDL leads to settlement offers before a case gets near the courtroom. Plaintiffs who decline a settlement in a mass tort MDL may then proceed with their individual case by going to trial.
Contact Our Mass Tort Attorneys
As you can see, mass tort lawsuits are complex. They require extensive investigations and take time to develop and coordinate, and several stages and factors influence the outcome of mass tort lawsuits.
Not just any lawyer is prepared or has the relevant experience to handle a mass tort. However, the expertise and resources available to the legal team on your side will directly impact the success of your lawsuit.
If you’ve been injured or experienced other losses and harm due to a defective product, dangerous drug, or exposure to toxic substances, consult with the mass tort lawyers at Childers, Schlueter & Smith. We’ve handled large-scale lawsuits of this kind and our attorneys are frequently appointed to integral roles in mass tort MDL cases. Contact us online or at 1-800-641-0098 for a free consultation.
Frequently Asked Questions
A mass tort is a group of numerous individual civil lawsuits that allege the same act or omission by the defendant(s) caused the plaintiffs’ injuries or harm. Contaminated groundwater, faulty joint replacement systems, and dangerous medications are some examples of mass torts.
No, mass torts are not the same as class actions. There are some similarities between the two, namely that they involve many, sometimes thousands of plaintiffs. However, an important difference is that plaintiffs maintain their individual lawsuits in a mass tort, whereas a class action combines them to become one lawsuit.
Technically, like other types of civil lawsuits, you do not need an attorney to file a mass tort lawsuit or to join one, but you should hire one. These cases are complex and require extensive resources that a mass tort attorney can provide, while also protecting the rights of their clients, guiding them through the legal process, and ensuring the best chance of a successful outcome.
Since mass torts consist of individual lawsuits, settlements or jury verdicts are not split among those involved, like in a class action lawsuit. Rather, the compensation they receive is based on their unique case. The impact and extent of damages and losses each plaintiff suffered are reflected in individual verdicts and settlements.
There are many economic and non-economic damages that may be recovered in a mass tort, such as medical expenses, lost wages, loss of earning potential, reduced quality of life, and physical and emotional pain and suffering.
The length of time it takes to resolve a mass tort lawsuit greatly varies. Many of them take a year or several years due to the sheer number of plaintiffs, depth of investigations and evidence gathered, and coordination that’s required. Whether or not it goes to trial is another factor that affects how long it takes. But in some cases, a mass tort settlement is reached before having to go to trial.
There are many benefits of mass tort lawsuits, including how resources and evidence are shared among plaintiffs, providing uniformity, and strengthening claims. Instead of individual cases tying up courts across the country, mass torts usually consolidate into multidistrict litigation (MDL) where pretrial proceedings are presided over by one judge and in one court.
