A mass tort involves a large number of plaintiffs bringing a lawsuit against one or more corporate defendants. Mass tort proceeds when a defendant's purposeful behavior, negligence, or recklessness, affects a group of people. Such litigations may arise from a defective product, defective medical device, or a dangerous drug. Ethicon hernia mesh, 3M ear plugs, Johnson & Johnson baby Powder, Zantac drug, Boston Scientific vaginal mesh, etc., are popular products facing mass tort litigation.
Are mass torts and class action lawsuits the same?
Mass torts and class action lawsuits are the same in that they both are related to lawsuits involving defective products. When a defective product or a dangerous drug causes harm to the public, it can lead to a mass tort or a class action lawsuit. Mass torts may involve a single defendant or a group of defendants. Victims seek compensation for comparable injuries sustained due to the same event, and each plaintiff files the claim separately. Victims in a class action seek compensation for identical injuries or damages caused by the same incidence as a group. If the court rules favor the class action, it will notify all potential class members so that anybody who has suffered the same or similar injuries can join the lawsuit.
Mass tort claims
The Federal Tort Claims Act of 1947 allows private parties to sue anybody acting on behalf of the federal government who causes harm to them. Mass tort litigants can use multidistrict litigation to consolidate all of their claims in one court, regardless of where the injury occurred. Multidistrict litigation differs from a class action lawsuit because it consolidates several lawsuits into a single federal district court.
If you are harmed by a defective product and sustain damages/injuries, immediately consult an expert mass tort attorney. The attorney will do a case evaluation and discuss the possibilities of pursuing a claim. Medical charts, medical bills, and other expenses spent as a result of your injuries, as well as proof relating to your damages or injuries will be reviewed. The lawyer will file a lawsuit against the corporation, after comparing the similarities of the injuries caused by all of the claimants from the same product or drugs.
Bellwether trials are very crucial in any mass tort litigation. It is a process where a smaller sample of a large group of plaintiffs participates. Members of the subgroup are chosen because their legal problems represent the entire group. The first trial (or trials, in the event of larger cases, there may be numerous bellwethers) serves as a benchmark and establishes a precedent.
Mass tort lawsuits are typically funded by contingency fee agreements, which implies that a plaintiff does not have to pay any out-of-pocket expenditures related to the case while it progresses through the legal system. If you have a mass tort claim, investigation of the claim can take time, and you should expect to wait a long time before receiving any compensation.
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