When you’ve been harmed because of a defective product, whether it was an appliance in your home, a medical device, or a part of your car, you may be wondering if you should seek legal action. You may find that you weren’t the only person who incurred injuries because of the defective product, and you may be able to be eligible to join a mass tort case.
According to the American Bar Association Commission, mass tort litigation is defined as, “at least 100 civil tort actions brought forward that were caused by a single accident or exposure to a substance resulting in personal injury, wrongful death, physical damage, and property damage.” You’ll want a skilled lawyer at your side during these types of cases. The New Mexico mass tort litigation lawyers at Buckingham Barrera Vega Law Firm have experience in this area of law and will fight for you to get compensation for what you’ve been through.
What Happens in Mass Tort Litigation?
In a mass tort lawsuit, a product has caused injuries to many people. Those people will bring a case to the defendant, which will likely be the product manufacturer. You may think this is sounding like a class-action lawsuit.
Mass tort lawsuits are different from class action lawsuits. While a class action lawsuit is a large group that has a representative, a mass tort lawsuit may apply to a group of people in a similar area. The representative for the class action will advocate for the group, but those in a mass torts case will need to provide evidence as individuals to show how they were harmed by the negligent party.
Another difference between the two is in a mass torts case, those who are injured can have different complaints. If the same product caused people to sustain different injuries, they can file those lawsuits individually.
Mass tort lawsuits are extremely complex, so you want to make sure you have trusted representation on your side. In most personal injury cases, you typically look for lawyers in the state where the injury occurred. However, this is not the case with mass tort litigation. If you’ve been hurt because of a product, you can file from any state.
When handling mass tort litigation, your lawyer will need to know the laws that apply to your case, what they need to do to show the other company was negligent, the cause of your injuries, and the damages incurred. Our New Mexico mass tort ligation attorneys will be able to explain the process to you. It’s important to note that because these cases have more than one plaintiff, it may take longer to reach a conclusion.
The first step is looking into the case. We’ll review claims from those who were injured and see how the product caused harm. Typically, copies of medical records can give crucial information and could help us find similarities in how the product harmed a large number of people. Those similarities will help to act as evidence for the claim and also provide information on what the compensation should cover.
When it’s time to file the claim, the cases are grouped to expedite the federal court filing process. Then, some lawsuits go to trial. These test the waters for the outcome of these cases and are referred to as Bellwether trials.
After the Bellwether trials, the parties will try to reach an agreement without going to court first. Settlements are handled through careful negotiation. If the claimants believe the settlement offers aren’t fair, they can consult with their lawyer about whether or not to accept them. You may need to take the case to the next step, which would be a trial.
If your case needs to proceed to trial, our lawyers will be at your side every step of the way. We have experience in the courtroom and will be able to prepare you for trial, so you feel confident when you’re speaking about your case.
What Are Common Types of Mass Torts Cases?
You may be wondering if the product that caused your injury is part of mass tort litigation. Typically, this kind of litigation can emerge from issues with:
- Medical Devices and Dangerous Drugs. Medical devices can include items like hip replacements or stents. A person has to undergo surgery to get these devices that are supposed to help improve their quality of life. However, if there’s an issue with the design or cheap materials went into its manufacturing, the device could break down and cause a great deal of pain and infection. Often, fixing these problems requires another surgical procedure.
- Toxic Exposure. Toxic exposure can be life-threatening. If you were exposed to dangerous chemicals or contaminants because of a product, you may develop a serious illness. You may be facing significant medical bills to treat the illness.
- Product Liability. Other issues fall under product liability like faulty design, poor manufacturing, and failure to warn consumers about potential dangers.
The following products are in the spotlight for mass tort litigation. If you or a loved one was injured because of one of these products, you should get in touch with one of our mass tort litigation lawyers.
- Talcum Powder. Talcum powder is a product that is currently involved in litigation because consumers are claiming the product causes cancer. The talcum powder may have been the cause of ovarian cancer and lung cancer.
- Roundup. Roundup is an herbicide used to kill weeds and protect crops. This product is heavily used in the agricultural industry. However, Roundup contains glyphosate, and claimants are saying their long term exposure to this chemical has caused cancer.
- IVC Filters. While an IVC filter is supposed to help with blood flow, a defective one can break down over time and cause injuries. The filter can block veins or perforate them, and cause buildups or infection. Other serious cases include internal bleeding. If an issue with a filter goes unnoticed, the person’s life may be in danger.
- Hernia Mesh. Those who were injured because of defective hernia mesh say the mesh caused pain, adhesion, obstructed or perforated bowels, and infection, or the mesh could have moved or shrank. These issues will likely need corrective surgery.
The mass tort litigation cases above are just a few examples of current cases. If you’ve been hurt by a defective product, it’s imperative to talk to a New Mexico mass tort litigation lawyer about your options.
Get Fair Representation
After a product has injured you, it can be comforting to learn you’re not alone. However, suddenly finding yourself eligible for a mass tort claim can be overwhelming. It’s important to have someone at your side who will protect your best interests no matter what.
Buckingham Barrera Vega Law Firm is here to guide you through the legal process—no matter what state you’re filing from. We’ll help you maximize your compensation so you can cover the losses of what your injuries have cost you. All you have to do is start the conversation and give our office a call today.