A mass tort occurs when individually filed cases involve common issues of law and/or a common set of facts. In order to conserve judicial resources, federal courts will often consolidate such similar cases into multi-district litigation. While multiple plaintiffs’ cases are heard in one forum, each plaintiff still has his or her individual claim.
Mass torts are different from common personal injury lawsuits and are set apart by three distinct characteristics:
- Volume – Mass tort litigation involves multiple plaintiffs.
- Similarity – The plaintiffs must show a sameness in the nature and manner in which they were hurt beyond having the same defendant.
- Value – Because the nature of the injuries must be the same, the value of the requested settlement must also be similar among the plaintiffs.
Mass Torts Examples
Mass torts can fall under many different categories and our firm has the experience to handle them. We focus our practice on:
- Dangerous drugs – When the makers of a prescription drug (such as Zofran or Levonorgestrel) or over the counter drug fail to properly warn the public of the inherent side effects of taking its drug, they may be held liable for the injuries caused in a court of law.
- Dangerous medical devices – Similar to the above, when medical devices fail and cause serious harm to the patient (such as in the case of the Mirena IUD or the Bair Hugger surgical warming blanket), the patients and their families may file a claim.
Mass Tort Lawsuits
Mass tort lawsuits are often covered under products liability law when the plaintiffs are shown to be harmed by the manufacturer and/or marketer of a defective device, product, or drug. When the Food and Drug Administration (FDA) issues a formal warning, places a black box warning on a drug or device, or recalls such items from the marketplace, a formal statue of limitations – or the time available to file a claim – may be imposed.
Texas Mass Torts Lawyers
If you or someone you know was injured by a dangerous drug, defective medical device, or similar circumstance, contact the attorneys at Dax F. Garza, P.C. to speak with one of our experienced attorneys to discuss your case with no obligation or cost to you.