What is a Mass Tort?
Posted on Friday, June 12th, 2020 at 2:39 pm
When a product like a drug, medical device, or retail item hurts multiple people in a similar way, there may be an opportunity to file a mass tort action against the designer, manufacturer, or distributor of that product. Mass torts can be an effective way for many people to all seek justice and compensation for harm caused by a product that led to actual injuries or even death. At the law office of Jonathan R. Brockman, P.C. in Atlanta, our highly qualified legal professionals are here to provide you with expert representation if you would like to file a mass tort claim for your injuries. Call the office or contact us today to learn more.
What is a Mass Tort?
A mass tort case is one that allows multiple people harmed by the same entity or product to seek compensation for their injuries by pooling resources and economies of scale while also maintaining their cases individually. A mass tort is different from a class action lawsuit, although many people mistakenly believe that they are the same thing. A class action lawsuit consolidates the claims of multiple parties in the same case, whereas a mass tort keeps each person’s civil lawsuit separate. However, those seeking a mass tort can utilize shared research and make the process more efficient by sharing information.
There are certain unique characteristics to a mass tort case that separate it from other types of injury lawsuits. First, a large number of claims must arise from the same product or event. Common examples include many people being injured by the same medical device or in the same catastrophic accident. Second, all of the claims must have factual and legal claims in common. Third, the injured parties must all have a common goal because the aggregate value of the claims are affected by individual outcomes. Fourth, each individual claimant has his or her own individual case, which means that each injured person maintains autonomy over case decisions. Finally, in many mass tort claims, the cases are consolidated early on so that one judge can make preliminary rulings on issues of law and discovery in order to maintain consistency between cases.
Examples of Mass Tort Cases
There are a couple of large mass tort cases that have made the news in recent years. People injured by Stryker metal hip replacements have received significant compensation for mass tort claims after it was discovered that the defective medical device was causing more harm to patients than good. Another recent mass tort claim involved defective Takata airbags in vehicles that were injuring and killing people who got into car accidents. Talk to an attorney today to see if your case qualifies for a mass tort claim.
Contact Jonathan R. Brockman, P.C. Now
Have you or someone you know been injured by a product that has also hurt other people? If so, you may have a case for a mass tort action in Georgia. Call the office or contact us today at the law office of Jonathan R. Brockman, P.C. to schedule an evaluation of your case.