Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

What Does a Mass Tort Case Mean for Me?

Published on Jul 12, 2017 at 11:00 am in Product Liability.

A mass tort lawsuit, often referred to as a multidistrict litigation claim or MDL claim, is a type of personal injury case consisting of multiple claims from multiple clients across different areas going up against the same company, institution, or group. Plaintiff attorneys work together to handle the claims and bring them before a judge and jury as one cohesive case. This simplifies the trial process for every client and lawyer involved and helps strengthen the overall case.

The most common types of mass torts are product liability claims and dangerous drug lawsuits. Defective medical device claims are also common. These claims are ideal for multidistrict litigation since the claims often mirror one another. When multiple plaintiffs file claims against a drug manufacturer, for instance, the victims often share common complications, symptoms, and negative side effects that serve as grounds for that lawsuit.

Two of the most popular mass torts in 2017 are claims against Ethicon’s Physiomesh hernia mesh and Bair Hugger’s surgical warming blankets. Other recent MDL cases include claims regarding hip and knee replacements, IVC filters, pelvic/transvaginal mesh, and drugs like Reglan, Risperdal, Xarelto, Eliquis, and Plavix. When a popular drug or medical device harms hundreds or thousands of users and starts making news headlines, this is the time when mass torts do the most good.

How Can a Mass Tort Case Help Me?

If you’ve suffered or are experiencing serious health complications due to a medical device that failed to do what it was supposed to or a drug that is causing more harm than good, you may be eligible to file a claim in an ongoing mass tort against the manufacturer of that drug or product. Doing so may give your family peace of mind in a few ways:

  • You may receive financial compensation that can go towards medical bills, recovery costs, loss of wage costs, and more.
  • You may receive financial compensation that can go towards your general pain and suffering and any hardships endured.
  • You will help send a message that drug and medical device manufacturers cannot ignore. That message states that the safety of Americans must come before profit. It isn’t acceptable to place unsafe drugs and devices on the market.
  • With that message, manufacturers will work towards creating a safer product or a newer model that does not cause others harm.
  • This ensures others do not get harmed in the same way.

Drug and device manufacturers are backed by powerful corporations with powerful legal departments that can make filing individual lawsuits difficult. These corporations don’t want to lose money and will fight to protect their profits at the cost of letting individuals come to harm. Mass torts cannot be ignored by these corporations and have a higher chance of succeeding. In addition, mass torts often garner media attention. This helps spread word about the potential dangers the product or drug poses.

For more information or to find out if you may be eligible to file a dangerous drug claim or defective product lawsuit for suffering you’ve endured, please do not hesitate to get in touch with Welsh & Welsh today. If you’re in Nebraska, we can pair you with an Omaha product liability lawyer who can fight on your behalf and grant you and your family peace of mind.