You might have suffered an injury due to a defective medical device, a dangerous drug, or a defective product you recently purchased. You're likely considering legal action as a result. If you've researched your options, you might have come across the terms "mass tort," "class action lawsuit," and "multidistrict litigation." To say these terms are confusing is putting it mildly.
The attorneys with Osborne & Francis would like to help clear up any confusion and show you precisely what these terms mean. We'll also be ready to fight for your rights and hold those who caused your harm accountable. Our firm has extensive experience in these cases and has helped our clients obtain millions of dollars in compensation.
Please don't hesitate to get in touch for a free consultation. You can contact us online or call 561-293-2600.
What's a Mass Tort?
A "tort," in legal terms, is an act, or failure to act, that leads to someone being injured or harmed in some manner. A mass tort occurs when hundreds (or thousands) of people are injured or harmed in the same way for the same reason. For example, if many people took the same prescription medicine and developed cancer, they're all part of a mass tort. The legal action they take to obtain compensation for that harm will typically be either a class action lawsuit or multi-district litigation.
What's a Class Action Lawsuit?
A class action lawsuit is a legal action where a group of individuals who have suffered similar harm due to a defendant's actions collectively sue that defendant as a single representative group. In a class action, one or a few individuals, known as class representative(s), represent the interests of the entire class. The court's decision applies to all participants in a class action, and all participants divide the award.
Class action lawsuits are typically appropriate when the number of plaintiffs is large. Still, individual claims might be relatively small, making it impractical for each individual to file a separate lawsuit. Once the class action suit ends, no participants can file individual lawsuits for the same harm or injury they suffered.
Examples of Class Action Cases We Handle
Osborne & Francis attorneys have handled several class action cases over the years. One example is a lawsuit accusing the U.S. Department of Agriculture of unfairly basing loans on race, disability and gender. We represented several Black farmers and helped them obtain a substantial settlement.
We also represented plaintiffs in a class action suit against the African Methodist Episcopal Church (AMEC). The plaintiffs alleged several parties associated with the AMEC lied about the amount of money in the Church's pension fund. The plaintiffs allege the defendants also spread misinformation regarding how the organization used fund contributions.
What's Multidistrict Litigation (MDL)?
It can be hard to distinguish between a mass tort and an MDL. Again, a mass tort is the injury suffered by the plaintiffs. If thousands have the same injury, the court may combine all of these mass tort cases into an MDL. An MDL allows federal courts to streamline thousands of cases into one claim.
MDLs allow multiple similar lawsuits filed in different federal courts to be transferred to a single court for pre-trial proceedings. This consolidation streamlines the pre-trial phase by centralizing common discovery, avoiding duplicative efforts, and ensuring consistent rulings on common legal issues.
Courts commonly establish an MDL in mass tort cases where numerous plaintiffs from different jurisdictions have similar claims against the same defendants. Once pre-trial proceedings are completed in the MDL court, individual cases may be returned to their original courts for trial or resolution.
Our Firm’s MDL Experience
Osborne & Francis also has years of experience representing plaintiffs in MDL cases. Here are a few examples:
Traysol
Doctors prescribe Traysol (the brand name of Aptronin) to help reduce bleeding during heart procedures. According to the results of a study, however, many patients suffered severe side effects after taking the drug. These include kidney failure and kidney damage. Some patients died after using Traysol. Our firm played a major role in helping plaintiffs obtain more than $9 million.
Acetaminophen
We also represented clients in a lawsuit against the makers of medicines containing acetaminophen. Research shows that when pregnant mothers use drugs that contain the ingredient, their children are at a high risk of developing autism spectrum disorder and attention-deficit/hyperactivity disorder (ADHD).
Hip Implants
Osborne & Francis attorneys also helped plaintiffs who suffered injuries after undergoing hip implant procedures. Victims allege they developed severe health problems due to their implants. These issues include thyroid and heart issues and damage to the nervous system. At the time of this writing, the manufacturer was expected to distribute more than $1.4 billion in settlements by the fall of 2023.
Receiving Compensation for a Mass Tort Case
In a mass tort case, compensation for plaintiffs can vary based on factors such as the severity of injuries, the extent of damages, and the strength of the evidence. Plaintiffs may individually reach settlements, verdicts, or judgments. Courts have awarded hundreds of millions of dollars in many mass tort cases.
The compensation in a mass tort case may cover medical expenses, lost wages, pain and suffering. The court may award punitive damages if the defendant's conduct was particularly egregious.
Why Choose Osborne & Francis to Represent You?
Osborne & Francis is a leading law firm experienced in handling complex mass tort cases. With a track record of success and a dedication to providing personalized legal representation, our firm is well-equipped to navigate the intricacies of mass tort litigation. We understand the emotional and financial toll these cases can have on individuals and families. We're committed to advocating for your rights to seek compensation for your injuries or damages.
We have the knowledge, resources, and dedication needed to guide you through the legal process and help you achieve the best possible outcome. You can schedule a free review of your case by calling 561-293-2600 or using our online form.
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