Class Action Lawyers Serving Missouri & Illinois
When a group of individuals has been harmed or injured by a particular product, the mass tort attorneys at Brown & Brown, LLP have the knowledge, skill, and experience to pursue justice and compensation through a legal process known as mass torts.
To find out if you have a mass tort case, please contact Brown & Brown, LLP today. We help clients from St. Louis, Missouri (Phone: 314-333-3333 or 573-333-3333) and Illinois (618-888-8888).
What Is a Mass Tort?
Mass tort is a single wrongful act (tort) that injures many victims, resulting in numerous plaintiffs suing one or more defendants who acted negligently. It is similar to a class action in that both of these types of lawsuits have several people who were injured by one common product. Also, as with a class action, a mass tort lawsuit starts as individual lawsuits that are combined into one action.
The difference is how the court treats the group of plaintiffs. In a mass tort lawsuit, each plaintiff is treated as an individual, whereas in a class action, they are not. In a mass tort lawsuit, every plaintiff must prove his or her own set of facts, including how the defendant’s product or service injured them. In a class action, the plaintiffs are represented by a class representative.
In the majority of these cases, plaintiffs sue because of injuries caused by one common product, such as:
- A dangerous or defective medical device
- AÂ dangerous pharmaceutical drug or medicine
- AÂ dangerous or defective consumer product
If there is a determination by the court that the various lawsuits have enough commonalities to constitute a mass tort, all of the cases will be transferred to a single court and assigned to the same judge.
Mass Tort – Dangerous Medical Devices
All medical devices are subject to approval by the Food and Drug Administration (FDA). Every year, companies spend millions of dollars in research and development for their products. When products fail to receive approval by the FDA, these companies stand to lose billions of dollars.
This situation instills a powerful incentive for companies to do whatever is necessary to push their products to market, sometimes risking the safety of those who buy them. When companies value profits over consumer safety, the results can be devastating.
Mass Tort – Dangerous Drugs and Pharmaceuticals
Pharmaceutical manufacturers have an obligation to conduct exhaustive research to uncover potential side effects before any product is sold to the public. However, instead of helping people overcome disease and illness, some drug manufacturers have actually caused harm.
Prescription and over-the-counter drugs seriously injure thousands of people every year. In some cases, the effects can be fatal. When patients take medications, they trust that the drugs they are taking will not harm them. It is an unfortunate fact that the negative effects of some over-the-counter and prescription pharmaceuticals are not apparent until the damage has already been done, including:
- Depression
- Damage to internal organs
- Diabetes
- Heart attack
- Hemorrhages leading to stroke
Dangerous drug recalls can protect some individuals from harm, but it is too late for those already affected. If you have suffered harmful effects from dangerous drugs, Â you need a skilled lawyer with the knowledge and resources necessary to pursue the full compensation you need to cover your medical expenses, possible lost wages resulting from your injury, and your pain and suffering.
Are Mass Torts the Same as Class Action Suits?
A mass tort is not the same thing as a class action suit. In a class action claim, all plaintiffs are treated as a single plaintiff while in mass tort cases, every plaintiff in the lawsuit is treated as an individual. As a result, class action lawsuits generally result in a single judgment, while a mass tort claim can result in unique judgments for every individual.
Why Mass Tort Lawsuits Instead of Class Action Lawsuits for Dangerous Medical Devices, Drugs and Pharmaceuticals
Because everyone is different, the same dangerous medical device, drug, or pharmaceutical could affect every plaintiff differently. While the reason for the defect is the same, the injuries differ.
Thus, every person injured by a dangerous medical device, drug, or pharmaceutical must prove that the item caused his or her injuries. For example, if 1,000 people took Drug A for a specific condition, but the drug was found to cause Cancer A and Cancer B, some may develop both cancers while others may develop one or the other.
A person’s body may dictate that the cancer is worse in some or migrates to another part of the body. Additionally, because of the differences in people, doctors may use different treatments for the same problem. Thus, each person must prove his or her own injuries. Some may have medical expenses in the tens of hundreds of thousands of dollars, while others may have medical expenses in the hundreds of thousands of dollars.
A mass tort lawsuit allows each person to recover the amount of damages he or she is entitled to without having many different lawsuits in many different courts.
In this example, in a class action lawsuit, everyone would share a percentage of the award. Those who suffered more could receive less than they deserve, while those who suffered less could receive more than they deserve.
How Brown & Brown, LLP Can Help
Mass tort lawsuits have different rules than class action lawsuits and individual lawsuits. You need an attorney who is not only familiar with the type of case and injuries you have but who is also experienced in handling mass tort lawsuits.
An experienced mass tort lawsuit attorney not only helps you collect evidence and depose defendants but also keeps track of any deadlines and files the appropriate documents to enter into and continue being part of the mass tort lawsuit.
Contact Our Attorneys Today for a Free Consultation In St. Louis & Illinois, IL
If you’ve been harmed by a dangerous drug or defective medical device, you deserve compensation for your injuries and diminished quality of life. Contact the experienced mass tort attorneys of Brown & Brown, LLP today in St. Louis, Missouri, at the 3s: 314-333-3333 / 573-333-3333 or in Illinois, at the 8s: 618-888-8888.
