California Mass Tort Lawyer
The experienced mass torts lawyers at Bisnar Chase have represented victims of defective products and have been associated with cases where billions of dollars were recovered from negligent manufacturers. If you have been injured by a dangerous or defective product, it is important that you understand your legal rights and options and speak with an attorney well versed in mass tort cases. Call 1-800-561-4887 for a free consultation.
Brian Chase, Senior Partner: “Products sold in the marketplace have to have full disclosure of safety and risks. Large corporations cannot injure people and simply walk away.”
- $4,250,000.00 - Product liability
- $23,091,098.00 - Product liability
- $2,432,250.00 - Product liability
- $900,000.00 - Product defect
Mass Tort Compensation
When individuals are severely injured by dangerous or defective products, they deserve full compensation for the injuries, damages and losses they have sustained. Injured victims may incur significant medical expenses. They may have to go through unnecessary surgeries or treatments. They may lose valuable income as a result of being unable to work for extended periods of time. Victims of defective products deserve to be compensated for their tremendous losses.
When many hundreds of people have been injured in the same accident, or thousands have been injured by the same or very similar products, their claims are categorized as “mass torts” and their claims are prosecuted in ways very different from a single consumer suing for his/her claim alone.
The claims of these many consumers are coordinated into state or federal Multi-District Litigation cases, with special rules and procedures involved. Often, when the defendant acknowledges responsibility, each claimant's recovery from the settlement pool is the result of the skilled and appropriate presentation of the elements that properly document that claimant's losses and maximize her compensation. Managing a complex case involving many plaintiffs typically requires a team of several attorneys, paralegals and support staff members.
Understanding Mass Torts
A "tort" is defined as a civil wrong committed by a corporation or individual that results in injury to another. The person who commits the tort can be held financially responsible for the injury or harm suffered by the victim. A "mass tort" is a single tort or civil wrong that results in injuries to many victims. A mass tort, therefore, involves several plaintiffs suing one defendant or several jointly acting defendants who designed a defective product or acted negligently to cause injuries.
The most common and frequent mass tort claims involve consumer product claims where many plaintiffs might sue together seeking compensation for injuries and deaths caused by dangerous or defective products. We also tend to see a number of mass tort claims involving pharmaceuticals and medical devices that cause injury or harm. When a large group of plaintiffs wishes to sue a common defendant in a unified proceeding, the plaintiffs' lawyer or lawyers must ask the court for permission to file a multi district case to assert mass tort recoveries.
Here are some of the factors a court might consider while making such a determination:
- How many plaintiffs are involved?
- What is the geographical location of the plaintiffs?
- Did the plaintiffs suffer injury or harm that is similar?
- Are the injuries linked to a common cause such as a single product or traumatic event?
If the court grants permission for a mass tort action, the case will be assigned to the judge and a notice of the lawsuit will be published in the media so others who have been harmed by the same product or event can join the lawsuit if they so desire.
Mass Tort versus Class Action
Although they may appear to be the same, a mass tort action is different than a class action. In a mass tort action, each plaintiff has an individual claim depending on the nature and extent of the damages he or she has sustained. Each plaintiff has the potential to get his or her own day in court with a separate trial. In a class action, the plaintiffs are not considered individually. There is only one trial for all.
A mass tort action certainly presents certain advantages for plaintiffs. For example, there is a tremendous amount of investigation and preparation that goes into a mass tort case. Attorneys can use the same information for several clients thereby increasing efficiency and saving time. The other advantage is that with a mass tort claim, plaintiffs have the satisfaction of getting their day in court and being considered individually as opposed to being clubbed with many others who may not have suffered similar injuries or damages.
Mass Tort Cases
Our defective products lawyers are currently handling cases involving the following dangerous drugs and products:
- Trans-vaginal mesh: A vaginal mesh implant designed to treat pelvic organ prolapse and stress urinary incontinence. Tens of thousands of women have reported serious side effects after receiving these devices including organ damage, chronic pain, bowel and bladder perforation, vaginal scarring, urinary problems and infections.
- Xarelto: A blood thinner that has been linked to internal bleeding and fatalities.
- Zofran: An anti-nausea drug that was illegally marketed off-label to pregnant women, resulting in serious birth defects.
- IVC filters: Inferior Vena Cava filters are temporary filters inserted into the large vein that carries deoxygenated blood into the heart. These filters can fracture and migrate, puncturing the heart and lungs.
- Bair Hugger: These are surgical blankets designed to keep patients warm during a procedure. However, these products' defective design has caused patients to suffer serious bacterial infections.
- Risperdal: An atypical neuroleptic for symptoms like delusions, psychosis, and mania. It can treat bipolar disorder, schizophrenia and irritability caused by autism.
- Invokana: Type 2 diabetes drug could result in a potential side effect called ketoacidosis, which could result in kidney damage.
- Morcellator: These are laparoscopic devices that are used to perform hysterectomy and myomectomy procedures, which remove tissue using a spinning blade. These devices have been linked to uterine cancer.
- Metal hip implants: Several brands of defective metal-on-metal hip implants such as DePuy and Stryker have been recalled because they have higher failure rates and require patients to undergo revision surgeries.
- Talc: Talcum powder has been linked to ovarian cancer in cases where the powder was applied to the genital area or on sanitary napkins or diaphragms.
- FLQs: Fluoroquinolone antibacterial drugs could cause peripheral neuropathy or serious damage to nerves that send information to and from the brain and spinal cord.
The Newport Beach mass torts attorneys at Bisnar Chase are dedicated to helping those who have been injured by dangerous or defective products. We have the resources it takes to fight for our clients, help them receive fair compensation for their losses and hold negligent product manufacturers accountable. Call us at (800) 561-4887 to discuss your case at no cost.