A mass tort is a civil action that has several plaintiffs who file a lawsuit in federal or state court against one or more defendants. There are several types of mass torts, but we will deal with two types that our firm regularly handles. These include:
When a medical device is released too early to the public without careful testing of the product design, individual components that make up the product or how it will be used, there is a higher chance for defective medical devices. Some examples of a defective medical device include the DePuy ASR Hip Implant and the cochlear ear implants that had defective seals.
When someone suffers injury or illness due to a defective medical device, the device manufacturer, the manufacturer of defective parts for the device and other defendants may be held liable for several claims. These can include pain and suffering, lost wages, loss of companionship, medical expenses and a variety of other claims. By filing a mass tort, the plaintiffs are better able to go up against the big corporations
It happens quite frequently. A patient will use a new drug touted by the pharmaceutical company that manufactures it as a "breakthough," but after patients start to complain about the possible effects of the drug, it's learned that the pharmaceutical company already knew of the dangers.
Through a mass tort action, the pharmaceutical company can be held liable for the injuries, damages and losses suffered by the plaintiffs. There may be other defendants as well.
We want to help those who suffer an illness or injury because of a defective medical device or a defective drug receive the compensation they deserve. To learn more, visit our mass torts webpage.
Source: Girardi Keese Law Firm, "Mass Torts" Sep. 03, 2014