At Shrager & Sachs, we recognize the impact a single voice can make. When many consumers are injured as a result of the same product or event but suffer a variety of injuries and consequences, mass tort litigation comes into place. This complex area of law gives a legal team the ability to represent several injured parties in individual cases. The goal is to ensure each victim receives fair compensation for their injuries.
If you believe you may have a case that falls under this area of law, our Philadelphia mass tort lawyers will be able to help you determine the best course of action for your situation. In order to do so, you may want to have some knowledge on mass tort litigation. Let’s take a look at some of the most relevant information.
Understanding Philadelphia Mass Tort Litigation
In order to understand what mass tort litigation is and how it works, let’s take a look at what the words actually mean.
A tort refers to a civil wrong that results in the harm or loss of or to another person. The injured person has the right to file a lawsuit against the responsible party and may be entitled to compensation for what they’ve been through. A mass tort claim arises when multiple people are injured, resulting in a wide range of problems that cannot be organized into a single class. Determining settlements can be difficult because of the legal complexities.
The plaintiffs are not required to physically meet while the case is being handled. In the event the lawsuit is successful and it is determined the plaintiffs are owed compensation, more plaintiffs have a certain amount of time to file their claim to be eligible for an award.
We can break down mass tort litigation into three categories:
Mass Disaster Torts. Natural or man-made disasters, like hurricanes or oil spills, can warrant lawsuits because of the broad range of damages and injuries a significant number of people are likely to sustain.
Mass Toxic Torts. When a group of people is exposed to harmful chemicals or substances, they can file a lawsuit and seek compensation. It’s not uncommon for a toxic tort to include workplace or home exposure, environmental exposure, or pharmaceutical drugs. Common substances at the center of these claims are pesticides, industrial chemicals, asbestos, and lead-based paints.
This type of claim can be difficult because causation must be proven to win, but damages from harmful substances are not always apparent until years after the exposure.
Product Liability Torts. There are a variety of reasons product liability torts are filed. Issues with recalls, defective communication, and warranty misrepresentation often come into play. These cases can take a long time to resolve because the defense has the opportunity to file a counter-claim in an attempt to prove the plaintiffs’ own negligence or misuse caused the harm.
Mass Tort Litigation Versus Class Action Lawsuits
Mass tort litigation and class action lawsuits are fairly similar and can often provide similar forms of justice. Both procedural actions involve large groups of individuals who claim to have been hurt by the same product or event.
There are, however, minor differences to make note of – particularly in how the plaintiffs are treated procedurally. A class action is filed on behalf of an entire group. This means that all members are treated as one plaintiff. A class action is generally larger, there are questions of law or fact that are common among those involved, and the claims are similar. With mass tort litigation, the plaintiffs are examined on a case-by-case basis to determine the level of injury.
Regardless of the type of claim, the right lawyer will be able to provide you with the representation you deserve.
Philadelphia Mass Tort Cases Shrager & Sachs Has Handled
Our personal injury lawyers have had experience handling multiple complex mass tort litigations. We’ve had the knowledge and abilities needed to successfully aid our clients with their recovery. Some types of mass tort litigations we have handled include:
HIV/AIDS. Tainted blood products led to HIV infections for a number of hemophiliacs. We took the lead on this case and reached a $500,000,000 settlement for the victims. We have also taken on a number of individual lawsuits for similar cases. Because of our success, we are frequently asked to consult on HIV/AIDS and transmission safety policies.
Latex Allergies. Latex gloves are a staple in the medical field and are used to protect medical professionals and patients; however, some latex products have an unreasonably high level of protein. As a result, a growing number of healthcare employees have experienced toxic or allergic reactions to latex.
Our attorneys have represented hundreds of individuals who have been exposed to toxic latex products. We also acted as the lead plaintiff’s counsel in multi-district latex allergy litigation in the U.S. District Court for the Eastern District of Pennsylvania.
If you believe you or a loved one has a potential mass tort litigation case, we will provide you with a free consultation to review your options.
Seeking Legal Representation from a Mass Tort Lawyer in Philadelphia
At Shrager & Sachs, we take an individualized approach with all our clients. We have decades of experience representing clients in a variety of personal injury cases. Philadelphia mass tort litigation is no exception. If you’re ready to pursue your legal rights in an attempt to recover damages you’ve experienced as a result of another party’s negligence, we’re here for you. Contact our office today for more information.