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What Is A Mass Tort?

Written by Jewish Lawyer on . Posted in Legal News, Mas Tort lawyers

We get calls on a daily basis from people interested in filing a personal injury lawsuit, medical malpractice lawsuit, class action or other claim relating to a dangerous drug or device that has caused them an injury. Many of these come under the category of Mass Tort.
  • Hernia Mesh Lawsuit ) Physiomesh, Kugel )
  • Hip Replacement Lawsuit ( Stryker, Zimmer, Omni Life )
  • Blood Thinner Lawsuits ( Xarelto, Pradexa )
  • Talcum Powder Lawsuits ( Baby Powder, Shower to Shower )
  • IVC Filter Lawsuits

What Does A Mass Tort Lawyer Do?

A mass tort lawyer files   a civil lawsuit  where  many plaintiffs are filing a claim against one or several drug manufacturer defendants. Mass torts are filed  when plaintiffs have suffered similar injuries due to the same product or class of products. An example is 100’s of women getting ovarian cancer form Talcum Powder ir injury from a failed  Physiomesh Hernia Mesh. An MDL or multi district litigation is a form of a mass tort as it consolidates many claims under one judge in one jurisdiction

Why Do They File My Case As A Mass Tort

Mass tort lawsuits are coordinated when a  defective prescription drug ot medical device, causes harm to many individuals.  A mass tort might also be formed when a single disastrous event, such as an airplane crash  or a train derailment, injures many people.  A mass tort  enables multiple victims to sue one defendant  whose negligence caused or contributed to the harm they have suffered. When any type of mass tort  is established, all cases involving similar products, injuries and questions of fact are transferred to a single judge in one jurisdiction for the purpose of coordinated, pretrial proceedings. An MDL is a form of a mass tort consolidation to  facilitate the efficient progress of the litigation by preventing duplicate discovery into common issues, as well as inconsistent rulings from various judges who are overseeing similar cases. As such, a mass tort proceeding helps to conserve the resources of the courts, parties and witnesses involved in the lawsuit. Once this  mass tort has been  created, all  claims will be transferred to the new jurisdiction in one state under ine judge and not filed on an individual basis. Local lawyers are irrelevant in making a decision in a Mass Tort claim as most will be finding experienced mass tort lawyers to send your case to. It is better to bypass this and get a Mass tort lawyer to begin with.

Is A Mass Tort  A Class Action?

A Mass tort is not a class action. A Mass tort is more like a Multi District Litigation.  In a class action, every member of the class will have suffered virtually the same injuries and will be entitled to nearly identical compensation. In a mass tort or MDL   there may be  differences in the severity of and types of injuries suffered among the various plaintiffs. As such, mass tort plaintiffs are each treated as individuals, and each case is judged on its own unique merits. There are different levels of injury women suffered with the implantation of a vaginal mesh. This is a mass tort or MDL consolidated in West Virginia under one judge. There are a number of manufacturers involved in the claims all with their own MDL and all in West Virginia.

Get A Mass Tort Attorney

Our dangerous drug and devices lawyers have  extensive experience representing mass tort plaintiffs who were injured as a result of dangerous drug side effects, faulty medical devices, or defective consumer products.    

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