We’ve seen movies and television shows about mass tort lawyers. They usually involve stories about the single lawyer going up against the big, bad chemical company. And, while there are cases like that, they’re not the norm.
The mass tort attorneys at Rueb Stoller Daniel have spent years learning exactly how to handle these types of cases. The cases tend to be complicated. They can take years to resolve. If you need a lawyer to help you take on a big corporation, you want to make sure to retain one that knows what they’re doing.
Before you can hire a mass tort lawyer, you need to know what mass tort is.
What are Mass Tort Cases?
Mass tort cases are a special category of class action cases. They typically involve several plaintiffs who file suit against a large company. They’re filed in state or federal court. You won’t see cases like this in your local county court.
Mass tort cases are filed against large companies. Usually, the defendants in these cases include:
- Drug companies
- Railroad companies
- Chemical companies
- Factories and large facilities
So, what exactly is “mass tort?” The “mass” part’s pretty obvious. It refers to the fact that there are many plaintiffs instead of just one. In fact, the class of plaintiffs could be in the hundreds or thousands.
Now, let’s look at the word “tort.” A tort is defined as a wrongful act that leads to civil liability. There are three main kinds of torts:
The defendant knows what he’s doing and commits the wrongful act. They intend the consequences or don’t care what they are.
There are cases in which the defendant is legally responsible for any injuries he causes, regardless of intent. These are usually where the defendant owns a company and puts out a defective product.
These make up most tort cases. Negligence cases involve a defendant who may not have intentionally caused an injury. Instead, they’re responsible because they didn’t do what they were supposed to do. Most negligence cases involve accidents.
Mass tort lawyers specialize in these types of cases. There are special court rules when it comes to mass tort cases. You want to make sure whatever lawyer you hire knows what they’re doing.
How Can an Experienced Mass Tort Lawyer Help?
If you get hurt while using a product or service, you should contact a Los Angeles mass tort lawyer. Remember, these cases involve many plaintiffs. A lot of these people see lawyers advertising on television. They realize that they used a product that injured other people. This makes them call and schedule their own free consultation.
Mass tort lawyers represent all sorts of clients. All of their plaintiffs are included in the same lawsuit. How much of the lawsuit award you receive depends on how severe your injuries were.
A mass tort lawyer knows exactly how to prosecute his case. Although they’re only filing one lawsuit, they’ll have mini-cases in their office for each plaintiff. The good news is, you’ll still be treated as an independent. Your lawyer will still answer your phone calls. You will be a priority.
Your lawyer will file a lawsuit on your behalf. He’ll communicate with defendants and their lawyers on your behalf. It’ll be your attorney’s job to deal with the insurance company and respond to any correspondence.
From the very beginning, your attorney’s goal will be to settle your case. Although some mass tort cases do go to trial, most are settled. Your attorney will gather whatever evidence he needs to prove your case.
You’ll have to provide some of the evidence. The rest will be made up of things like:
- Medical records
- Written documents (letters, advertisements, e-mails, etc.)
Your lawyer will use this evidence to prove your case. They’ll fight to get you the compensation you deserve.
Types of Cases Our Mass Tort Attorneys Handle
The mass tort attorneys at Rueb Stoller Daniel handle all types of cases. Most of their cases involve dangerous drugs or medical devices. This is because these products can harm a lot of people over a short period of time.
The more advanced our research, the more we can discover about dangerous products and how they affect our bodies. Medications that were thought to be wonderful years ago are killing people today. We can also make more connections today than ever before. There’s no way we would have known that asbestos-caused cancer 80 years ago. It took us time to catch up technologically and scientifically.
We see the same thing with medical devices. There’s a new medical device on the market every month. Mass tort lawyers make sure these dangerous products are taken off the market. They also make sure the companies pay for the damage they’ve caused.
We see stories on the news about new mass tort cases. It’s overwhelming to imagine all the products that can hurt you. If you’ve been injured by any of these products, it’ good to know that there are experienced lawyers who can help.
We’ll discuss some of the more common mass tort cases here.
IVC filters are inferior vena cava filters. These filters are used for patients having surgery. It helps them avoid experiencing blood clots during surgery. Unfortunately, many patients complained of pain and complications after they were outfitted with the IVC filters.
So far, more than 9,000 cases have been filed against the manufacturer of IVC filters. The manufacturers named in these lawsuits are C.R.Bard Inc. and Cook Medical Inc. They are the two main companies that manufacture IVC filters.
After enough people complained, they discovered the filters were getting fractured and perforated in the patients’ bodies. The patients had to undergo surgery all over again to remove the device.
To date, the IVC filter cases have been filed in several states. Early cases show mixed results. So far, the cases have been decided both ways.
Both defendants, C. R. Bard and Cook, have won some cases and lost others. The cases they’ve lost have awarded judgments in favor of the plaintiffs for more than a million dollars.
If you’ve had an IVC filter that was defective, contact an IVC filter lawyer as soon as possible. The statute of limitations for civil cases varies by state and you don’t want to miss that deadline or your case will forever be barred.
Hernia meshes are devices used to repair hernias. They were used for a long time before they realized that they were actually injuring many patients.
Hernia meshes caused the following problems:
- Adhesion and
These devices are not on the market today. However, while they were, they harmed thousands of people. Mass tort lawyers have gotten their clients compensation for their injuries.
To give you an idea, 90% of all hernias were repaired using hernia mesh devices. Over a million of these surgeries were performed. And, about 30% of hernia mesh patients complained of pain and other medical issues.
The major manufacturers named in the hernia mesh lawsuits are Johnson and Johnson and C. R. Bard. In fact, there are still cases pending against both of these companies. Just last year, C.R. Bard settled their claims for about $180 million.
If you or a loved one have been injured as a result of a hernia mesh, you need to contact a hernia mesh lawyer at Rueb Stoller Daniel, LLP. They can help you get you compensation for your injuries.
Talcum Powder (Ovarian Cancer)
Women have used talcum powder for centuries. It’s always been routine to liberally apply talcum powder when you get out of the shower. A lot of women use talcum powder in their feminine areas. It was actually marketed this way.
Talcum powder was also advertised as a product that keeps you dry. It makes sense that women would use it in their private areas. For years, people used it without giving it much thought.
A few years ago, studies showed a connection between talcum powder and ovarian cancer. Thousands of women who used talcum powder were being diagnosed with cancer. When they saw this, mass tort lawyers began filing lawsuits against the manufacturers.
As with several other cases, Johnson and Johnson were one of the giants named in many of the class action lawsuits. Two of the products cited in the lawsuits were their baby powder and Shower-to-Shower.
As early as 1971, scientists were able to detect talc particles in over 75% of tumors found in ovarian cancer patients. But it wasn’t until years later that legal action commenced. By the 1980s, they found the odds of ovarian cancer increased 30% for women who used talcum powder over a long period of time.
In 1997, Johnson and Johnson was well aware of the risks associated with talcum powder. They chose to keep the product on the market. They also chose not to warn their customers of these risks.
Millions of dollars have been won by plaintiffs in talcum powder cases. If you’ve been diagnosed with ovarian cancer and used talcum powder, schedule a consultation with a mass tort lawyer who specializes in talcum powder cases.
A lot of older people need hip replacements. It’s a fact of life. When a patient needs a hip replacement, surgeons use different hardware to attach it. Johnson and Johnson invented and marketed a metal-on-metal hip implant. This implant was used on thousands of patients.
It was soon discovered that Johnson and Johnson’s metal hip implant was defective. People who had the implants had to undergo surgery all over again to replace them. They had to get new implants that were more durable.
After several lawsuits were filed, Johnson and Johnson took their product off the market. But the damage was done. Over $2.5 billion was awarded to plaintiffs in the hip replacement lawsuits.
The courts have only awarded judgments to patients who have undergone the surgery to repair their hip implant. And though the product is off of the market, more people are likely to suffer injuries.
If you or your loved one have a Johnson and Johnson metal-on-metal hip implant, chances are you’ll need surgery. You’ll want to meet with the hip replacement attorneys at Rueb Stoller Daniel as soon as possible.
Recently, scientists have made a connection between RoundUp and cancer. The manufacturer of RoundUp is a company called Monsanto. RoundUp’s main ingredient is a chemical called glyphosate. This chemical has been linked to non-Hodgkin’s lymphoma.
The defendant denies that their product causes cancer. Some judges have agreed. However, you can’t ignore the numerous studies that demonstrate a link between the popular weed killer and cancer.
The first RoundUp case was decided in 2017. It involved a groundskeeper who had been exposed to RoundUp for over 30 years. He was diagnosed with cancer and advised it was terminal.
The court ruled that there was enough evidence to show that the glysophate in RoundUp could’ve caused the plaintiff’s cancer. They confirmed that Monsanto was aware of this risk and hid it from their customers.
Because of Monsanto’s intentional failure to disclose these risks, the plaintiff was awarded millions in punitive damages. The defendant is now appealing the case. Since then, other cases have been filed against Monsanto.
If your loved one used RoundUp and is now suffering from non-Hodgkin’s lymphoma, contact a RoundUp lawyer immediately.
There are dozens of birth control products. The most common is the birth control pill. There are also implants, foams, and diaphragms. One of the most recent devices invented was a product called Essure.
Essure consists of two metal devices that are implanted in a woman’s fallopian tubes. The metal implants create scar tissue that prevents fertilization from taking place.
Some of the problems caused by Essure include:
- Weight gain
- Nickel sensitivity
- Unwanted pregnancy
As of 2017, over 3,700 plaintiffs had filed suit against the manufacturer of Essure – Bayer. In 2016, Bayer was ordered to pay over $400 million in damages for Essure lawsuits. However, they are still selling their products in the U.S. and Canada. Many other countries have banned the product.
Although Bayet is now required by the FDA to put a warning on their label, women are still getting injured.
Taxotere is a drug given to people undergoing chemotherapy. It helps combat nausea caused by the treatment. However, it causes permanent hair loss. People sick with cancer expect to lose their hair short-term. However, hair loss is rarely permanent.
For patients who take Taxotere, hair loss is often permanent. The last thing a cancer patient needs to worry about is permanent hair loss. Thousands of people have filed suit against the drug’s manufacturer, Sanofi-Aventis, Inc.
It’s not just that the drug causes permanent hair loss. The problem is that Sanofi-Aventis specifically tells its customers that their product does not cause permanent hair loss. They do this even though they know it isn’t true. In fact, studies have found that 15% of people who take Taxotere suffer permanent hair loss.
The plaintiffs claim that the manufacturer was well aware of the risks associated with their product, they intentionally decided to deceive the public. If you or a loved one have used Taxotere and experienced long-term or permanent hair loss, contact a Taxotere lawyer near you today.
One of the biggest mass tort class action cases involves mesothelioma. This is a form of cancer that almost always causes death. Plaintiffs have been suing companies for mesothelioma for decades. The number of plaintiffs rises every week.
Historically, mesothelioma cases were filed as class actions. Today, people must file a personal injury or wrongful death case.
Mesothelioma is caused by asbestos. Years ago, people weren’t aware of the dangers of asbestos. Then, we started to notice that people who worked with asbestos were suffering from cancer at an alarming rate.
Asbestos was finally deemed a dangerous substance and was banned. However, some products still contain some asbestos today. Some buildings still have asbestos in their walls.
Sadly, mesothelioma patients almost always die. If you or a loved one have suffered from the disease and you believe it may have been caused by asbestos, call our mesothelioma attorneys today.
PPI Stomach Cancer
One of the most recent mass tort cases deals with proton pump inhibitors (PPI). PPI is used to treat peptic ulcers and GERD. It is now thought that PPI may cause gastric cancer. Two recent studies have linked the disease to long-term use of PPI.
Some of the most common injuries caused by PPI include:
- Reduced kidney function
- Reduced liver functions
- Stevens-Johnson syndrome
- Severe allergic reactions
If you currently use a PPI, talk to your doctor and make sure you don’t have any of these issues. If you do, contact a PPI stomach cancer attorney today.
Other Cases We Handle:
Contact a Dedicated Mass Tort Lawyer at Rueb Stoller Daniel, LLC For a Free Consultation
If you or a loved one have suffered any sort of injury, contact a dedicated mass tort lawyer at Rueb Stoller Daniel, LLC. They are one of the premier mass tort law firms in the United States, with offices across the country.
Call and schedule your free initial consultation today with Rueb Stoller Daniel, LLC. Let one of the firm’s compassionate and experienced attorneys review your case. The consultation is free and you pay nothing until you settle your case.