If you or a loved one has suffered an injury due to a defective product or dangerous drug, you are not alone. Like many others across the country, you are likely in pain and financial distress due to a large corporation’s malfeasance.
Fortunately, you may be able to join with other victims in filing a mass tort injury lawsuit. While each victim files their own individual case, these are consolidated into one legal procedure in a single federal court. This legal mechanism is known as multidistrict litigation (MDL). The hundreds or thousands of individual cases are managed by one federal judge.
The advantage of MDL is that the victims can share resources and information during the litigation but still litigate their individual claims and pursue the compensation they may be entitled to.
[table-of-content]
What are Some Common Mass Tort Lawsuits?
There are many defective products and dangerous drugs in the marketplace. Here are some examples of products or drugs facing litigation – either currently in MDL or facing the possibility of MDL.
Combat Arms Earplugs
The United States military provided 3M Combat Arms Earplugs to its servicemen and woman for several years. It turns out that these earplugs were defective. They had a design defect that would cause them to loosen in the wearer’s ear – unknown to the user. This permitted damaging sounds to enter the ear canal and resulted in hearing loss or tinnitus in many members of the military.
Elmiron
Elmiron is a trade name for pentosan polysulfate sodium. It is a prescription drug manufactured by Janssen Pharmaceuticals, Inc. Elmiron is prescribed to treat painful bladder conditions caused by interstitial cystitis.
The drug has been linked to an eye disease called pigmentary maculopathy. This can lead to difficulty reading, blurred vision, and struggling to adjust to low light conditions.
There have been many lawsuits filed against Janssen Pharmaceuticals. As of December 2020, federally filed Elmiron lawsuits have been given MDL status and sent to the District Court of New Jersey for proceedings.
Fosamax
Osteoporosis is a condition where a person’s bones become weak and brittle. According to the CDC, nearly 20 percent of women over 50 years old suffer from it.
Fosamax was a drug designed to treat osteoporosis, generally targeting post-menopausal women. However, users have experienced severe side effects, including:
- Osteonecrosis. This is a painful bone condition that occurs when blood flow to the bones is cut off.
- Necrosis. This is the death of body tissue, which happens when insufficient blood flows to the tissue.
- Severe pain. This can occur in the joints, bones, or muscles.
Hernia Mesh
Hernias cause millions of Americans to suffer every year. Many turn to hernia surgery, which in turn leads to the use of hernia meshes. These are implants intended to provide support to the area weakened around the hernia. However, there are many complications reported from the use of these hernia meshes. They include infections, bowel complications, rashes, pain, difficulty having sex, and organ damage.
Those afflicted by defective hernia meshes have filed lawsuits. As of 2021, there are over 17,000 lawsuits consolidated in three MDLs.
Juul
JUUL Labs, Inc. (Juul) manufacturers electronic cigarettes. These are powered by batteries and have cartridges filled with a nicotine-containing liquid that also has flavoring and other chemicals. The device, called a Juul, heats the liquid into a vapor that is then inhaled by the user.
Many complications have been reported by users of Juuls. These include coughing, sore throat, breathing difficulties, headaches, nausea, seizures, heart attack, and stroke.
Penumbra Catheters
Catheters are a necessity during some operations, and many people require them in their everyday lives. So, it’s critical that they work as needed. Unfortunately, this is not always the case.
A catheter manufactured by Penumbra, Inc. has been linked to adverse effects. These may include brain hemorrhages, blocked blood flow, and even death. It has been reported that the device may malfunction or even break during usage. Penumbra recalled the product in December 2020.
Am I Eligible to Join Mass Torts Litigation?
If you’ve used a defective product or taken a dangerous prescription drug, you may be eligible to join mass torts litigation. However, you must file a lawsuit within the applicable statute of limitations. This is a time period in which you have to take legal action. Once it expires, you may be barred from filing a lawsuit.
The law of statute of limitations is complicated and has many exceptions. Consult an experienced mass torts lawyer to make sure you file within the deadline.
How Much Compensation Can I Receive for my Case?
There is no single number available. The compensation you may receive for a successful mass torts lawsuit depends on many factors. These include the evidence you present, the injuries you suffered, and the strength of the defense that the defendant company mounts against you.
What Types of Compensation Can I Receive?
You may receive compensation for economic, non-economic, and punitive damages.
Economic damages include past and future medical expenses, as well as lost wages and any diminished earning capacity suffered due to your injuries.
You may also receive non-economic damages, which compensate you for the pain and suffering associated with your ordeal.
Finally, if the manufacturer of the product or drug acted with conscious disregard for your safety, then you may be eligible for punitive damages. Rather than compensating you for the expenses or suffering resulting from your injury, these are designed to punish the defendant and deter others from engaging in similar misconduct.
Why Should I Hire a Mass Torts Lawyer?
An experienced mass torts lawyer can help you with your mass torts case in several ways, including:
- Defending you zealously against the high-powered attorneys hired by massive corporations and their insurance companies
- Hiring medical and economic experts to help explain the technical details of your case
- Researching scientific literature to determine which of them support your claim
- Seeking the advantages of MDL, if available.
Don’t Wait Any Longer To Fill A Claim
If you’ve been injured by using a defective product or dangerous prescription drug, reach out to our experienced mass torts lawyer today. The time is ticking on the statute of limitations, so don’t delay.
