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If you experience a severe injury after taking a drug, undergoing a medical procedure, or purchasing a product, your case may fit into a category of personal injury cases known as mass torts. When numerous people are affected by a dangerous product or behavior, joining or creating a mass tort allows your attorney to streamline the case and improve your ability to obtain a fair settlement.
Some of the most common cases attorneys encounter include defective or dangerous medications and medical implants. You may have heard about the risks and unintended side effects associated with taking new blood thinners such as Pradexa or Xarelto or implants like IVF filters or transvaginal mesh. Mass torts may also include employee cases against employers who fail to address hazardous workplace conditions. These represent only a few of the potential mass torts cases against large and powerful companies.
The courts will recognize a case as a class action lawsuit if the plaintiff includes too many people to join in a singular lawsuit, if all of the individuals have a similar legal dispute, and if all the resulting injuries are fairly similar in nature (typical of a defective product or negligent behavior). If all the criteria for a class action suit are met, a representative will file a certified case on behalf of all the class members.
Mass tort cases also involve too many plaintiffs to join, but the cases are not similar enough to group into one collective case. Instead, plaintiffs file individual lawsuits based on their unique circumstances against a common defendant. Filing a mass tort gives plaintiffs around the country access to the resources needed to successfully pursue a claim against a larger corporation. Instead of fighting as one person against a pharmaceutical behemoth, individuals benefit from the manpower of a collective group.
Benefits of filing a mass tort include:
Cost savings. Sharing resources with other plaintiffs and streamlining court processes allows each individual to maximize settlement amounts.
Time management. By nature, mass torts affect hundreds of thousands of people. As an individual claimant, you could wait years to move through the case and receive a fair settlement. While mass torts take time to resolve, the grouped structure allows plaintiffs to speed up the process.
Results. Mass torts allow attorneys to pool their research and create a compelling case against large defendants. With the right information, plaintiffs have a better chance of securing a positive outcome.
Many personal injury firms advertise mass torts services, but not all offer the same level of personal service. Mass tort attorneys should have experience with mass tort cases involving similar case factors, resources to pursue the case from discovery to settlement, and a demonstrated history of success. If you’re looking for a mass tort lawyer in Boston, consider working with a team that offers the personal relationship you would receive during an individual case as well as the manpower and resources needed to fight against large, negligent corporations.
“Peter Merrigan was very nice from the time I called. I don’t know what I would have done with my son’s hospital bills from the bus accident, but he has been nothing but helpful and understanding. I will definitely recommend him to my family or friends that need a lawyer.”Susan / Marlboro, MA View More
“I am not knowledgeable of the legal system, so I had a lot of questions. Tucker and Peter were very accessible and helpful. They went above and beyond their duties to make sure that I knew the legal procedure. I would recommend them to anyone in need of legal assistance.”Kyle / Boston, MA View More