Mass Tort Claims – Important Information You Need to Know

When you suffer an injury due to the negligence of an entity and find other people who have experienced the same harm, you may be eligible for mass tort litigation. A mass tort is a type of civil lawsuit that involves a group of individual plaintiffs holding the same defendant or group

What Exactly is a Mass Tort Claim?

When it comes to mass tort claims, they typically involve a large number of plaintiffs who file an array of civil actions against a defendant, or defendants alleging similar harms and losses. For example, if you are a woman who used Johnson & Johnson talcum powder products for a number of years and were diagnosed with ovarian cancer, you could file a civil claim against J & J, while other women with a similar diagnosis are also pursuing financial restitution from J & J based on the same issues. This could lead to a large number of tort claims being consolidated in a mass tort action.

Here are some examples of the types of consumer products that are subject to mass tort actions:

• Injuries and/or side effects related to taking a prescription drug;
• Injuries caused by a medical device; and
• Injuries caused by a defective or faulty consumer product (e.g., 3M earplugs, Roundup Weed Killer, etc.).

How a Mass Tort Action is Different from a Class Action

There are many similarities, but important differences, between a mass tort action and a class action. These actions are similar in that they both involve multiple plaintiffs alleging they were harmed by a negligent defendant. However, there are important distinctions between these two actions in how plaintiffs are treated by courts.

When a class action is filed in a court, all claimants are part of a group that bear the burden to establish wrongdoing. Participants in the class are represented in court collectively. The claimants within the class all allege the same types of harms and losses.

In contrast, a mass tort action entails each member of the group having an individual claim. Participants in a mass tort action commonly suffer similar harms and losses, but the extent of the damages will be evaluated on an individualized case-by-case basis.

Types of Damages That Can Be Pursued in a Mass Tort Claim

Because every case is evaluated individually, the damages awarded to plaintiffs can vary. Depending on your specific losses, a successful case may help you recover various costs including:

• Past and future medical costs (e.g., hospital stays, medication, physical therapy, surgery, and rehabilitation)
• Lost wages for time missed from work
• Reduced earning capacity
• Disfigurement
• Temporary or permanent disability
• Pain and suffering
• Emotional stress

Benefits of Retaining an Attorney

If you are contemplating taking legal action against a big corporation related to a defective consumer product, prescription drug, medical device, etc. then you should consider utilizing NextLegal.com to help assess whether to retain the services of an attorney. There are various benefits associated with hiring legal counsel, particularly when it comes to filing a mass tort claim. Some common benefits include:

• Comprehensive review of your medical records to help establish a connection between your injury and the defective consumer product
• Analyze documents produced by the defendant during discovery
• Prepare the appropriate documents to file your mass tort lawsuit
• Retain respected medical experts to strengthen your case
• Attend court hearings to resolve pretrial disputes and other legal matters

Examples of Mass Tort Actions

Below is information about active mass tort actions concerning various consumer products, prescription drugs, medical devices, etc. You or a loved one may have been harmed by one or more of the products described below. If that is the case, take action by filling out the free, confidential evaluation form offered by NextLegal.com.   

Vision Damage Caused by Elmiron

Elmiron, a prescription drug intended to treat a urinary disorder, has been linked to a degenerative eye disease that can cause vision loss, especially when someone has taken Elmiron over a prolonged period of time. Patients who were prescribed Elmiron can take legal action against Janssen Pharmaceuticals, which is a large company and subsidiary of corporate behemoth Johnson & Johnson. If you have used Elmiron and have since been diagnosed with a vision disorder or eye disease, fill out the free, confidential evaluation form provided by NextLegal.com on this page.

Injuries Caused by the ParaGard IUD

If you suffered serious side effects from the ParaGard IUD,

Some women who used the ParaGard IUD for birth control complained that they suffered significant and unexpected side effects, including:

• Discovering they the IUD was fractured or broken
• Pieces of the IUD that broke away were embedded in the wall of the uterus
• Discovering the damaged IUD required invasive surgery to remove the remaining pieces
• The damage caused by the IUD required a woman to undergo a hysterectomy

If you or a loved one suffered serious harm due to a Paragard IUD, you may be able to pursue financial restitution for your harms and losses through a mass tort action.

Ovarian Cancer Caused by Talcum Powder Use

Women who used Johnson & Johnson’s talc-based baby powder and Shower-to-Shower gel have been found to be at a much higher risk of developing ovarian cancer. In fact, the odds of developing cancer have reportedly increased by close to 30 percent for women who used these talc-based powders on a regular basis over many years. Basically, the talc contained within the powder can cause inflammation and this inflammation can lead to you developing cancerous cells. There are studies that show a clear link between using talc-based powders and ovarian cancer. This is why so many women are taking legal action to hold Johnson & Johnson accountable for their indifference to the health and safety of their consumers.

Cancer Caused by Roundup Weed Killer Exposure

A large, “meta” study from the Agricultural Health Study discovered that exposure to the glyphosate contained within Roundup Weed Killer was linked to an increased risk of consumers developing Non-Hodgkin’s lymphoma.

Roundup was one of the most popular herbicides in the world that has been used by farmers, ranchers, and gardeners across the globe. For nearly 40 years, Roundup has offered farmers a way to kill weeds without harming their crops. This is why a large number of plaintiffs have taken legal action against the manufacturers of Roundup to pursue financial restitution for their harms and losses.

Cancer Caused by Using Zantac

Many patients with frequent heartburn have used Zantac or a generic equivalent on a daily basis for months or even years. For example, patients with GERD or ulcers may have been prescribed daily doses of Zantac.  However, it has come to light that Zantac and other ranitidine products contain unsafe levels of N-Nitrosodimethylamine (NDMA). For context, NDMA is a semi-volatile organic compound classified as a probable human carcinogen. This discovery led to the Food and Drug Administration issuing a recall of Zantac. If you or a loved one was harmed after taking Zantac for a prolonged period of time, you may be able to obtain compensatory damages for your harms and losses.

Injury Caused by Hernia Mesh

Hernia mesh mass tort claims allege that mesh devices are defective and that hernia mesh manufacturers failed to warn patients about potential adverse side effects. Some of the medical device manufacturers that have faced lawsuits include:

• Atrium;
• Bard Davol; and
• Ethicon

Hernia mesh injuries alleged in these mass tort claims include the following:

• Adhesions;
• Bowel obstruction;
• Infection;
• Migration of the mesh in your body; and/or
• Perforation of an organ.

Hearing Loss and Hearing Damage Due to 3M Combat Arms Earplugs

Numerous military veterans and current service members are able to pursue financial restitution for harms and losses associated with hearing loss caused by the use of 3M earplugs. Using this consumer product has been linked to significant hearing loss and tinnitus. The Combat Arms Earplugs were manufactured and sold by 3M to all major branches of the U.S. military.

The Clock is Ticking to Take Action on Your Mass Tort Claim

If you believe you have a viable mass tort claim, it is important to take action sooner rather than later. Why? Because your claim is subject to a “statute of limitations.” This is a law set forth by state legislatures that place a specific deadline on a civil lawsuit.

If you failed to file a lawsuit within the applicable statute of limitations, a court is likely to dismiss your claim and bar you from ever obtaining financial restitution for your harms and losses. State legislatures possess the legal authority to establish statutes of limitations for various types of civil cases. However, it is important to note that many states do not have a specific statute of limitations for mass tort claims. Instead, you will need to determine the type of civil claim you intend to file and determine what statute of limitations applies. For example, if you suffer an injury due to a defective consumer product in California and want to join a mass tort action, you generally have two years from the date of your injury to file a civil lawsuit. If, on the other hand, you suffered the exact same injury from the exact same consumer product, but want to file a lawsuit in New York, you have three years from the date of your injury to file a lawsuit.

There are exceptions to these limitation periods, but again, the rules and time periods will vary from state to state.

Ready to Take Action? 

If you or a loved one was seriously harmed by a consumer product, NextLegal.com is here to help. We are ready and able to assist you with your mass tort case and can offer insight and advice on what steps need to be taken to pursue financial restitution for your harms and losses. Complete the contact form to schedule a free confidential consultation.