A mass tort is a civil lawsuit involving several plaintiffs (victims) filing under the same court. These plaintiffs have suffered severe injuries from dangerous pharmaceuticals and products. A tort is a civil (not criminal) wrong doing from one person that results in injury to another. A mass tort is when a wrong doing from one person or company affects several people.
These products can be any device with a defect that causes injury to another person. The claims must show liability. Liability can be due to manufacturing defects, design defects or failures to warn consumers of certain risks. These defective products can be anything from medical devices to vehicles.
Toxic torts are when the plaintiff believes their injuries are due to exposure to a poisonous chemical. These chemicals can be exposed during an occupation that works in a highly toxic environment. Studies have shown that industrial workers that have constant exposure to these chemicals are at higher risk of developing certain diseases compared to the general population.
Pharmaceutical cases are when the plaintiff’s claim that their injury, disease or condition are due to a drug they have taken. These cases can also be considered product liability, in which the drug is the product. This is what separates pharmaceutical torts from medical malpractice cases. Injuries could be from blindness to cancer. For these cases to be valid, the condition of the patient cannot be a warning on the drug label when the patient was prescribed the drug.
Class action is a legal action where there is a lawsuit filed on behalf of a group of people who have suffered through similar injuries and damages from the same unfortunate circumstances. This is to avoid several court cases about the same problem. Each settlement is decided as a whole for each degree of injury in the class.
Mass torts lawsuits typically have a broader range of claim types. This makes it difficult to fit several individuals into a single class. In these cases, one or more lawyers represent several injured parties in individual cases under a single court. Each settlement is decided on a case-to-case basis.
The Carlson Law Firm has a mass torts department with attorney, Craig Carlson. If you or someone you know has suffered injuries from a prescription drug, a device or exposure to a poisonous chemical, contact The Carlson Law Firm for a free case evaluation to see if you have a claim.