General Mass Tort

tort

Mass Torts, or cases where multiple individuals face damages, injuries, or even death due to a single product, pharmaceutical, environmental or toxic situation, disaster, or unfair/predatory business practice. Mass Tort Law falls under Personal Injury law, and requires the assistance of highly skilled attorneys who understand the full range of law within this heading. Frankl & Kominsky are South Florida lawyers with deep and expert knowledge regarding personal injuries. The attorneys at Frankl & Kominsky have litigated numerous cases in all facets of personal injury law, and have extensive expertise in dealing with Mass Tort situations.

What is a Mass Tort?

A Mass Tort is a representative lawsuit, where many individuals who have been hurt by a product or company band together to fight that company and win compensation for their damages. Many people are familiar with a class action suit, which is a type of Mass Tort lawsuit. Mass Tort lawsuits are a way for individual plaintiffs to work together to hold a single corporation, entity or person responsible for harm they have caused. Two of the most common types of mass tort suits involve suits seeking compensation for harm caused by dangerous products, and suits seeking compensation for harm caused by dangerous pharmaceuticals. Some current mass tort suits involve the following:

  1. Transvaginal mesh
  2. Xarelto
  3. Zofran
  4. Syngenta GMO Corn litigation
  5. IVC Filters
  6. Stryker Hip Replacements
  7. Bair Hugger hospital blankets
  8. Invokana
  9. Risperdal
  10. Morcellator
  11. Talc
  12. FLQs (fluoroquinolone antibacterial drugs)

Unlike a class action, mass tort plaintiffs each file an individual claim and each receives his or her own compensation, based on his or her damages. Each plaintiff will receive his or her own trial. In a class action case, the plaintiffs are grouped into a “class” and there is only one trial to determine damages.

Advantages of a Mass Tort

One advantage of filing a mass tort claim is that much of the cost of legal preparation and investigation is shared by the larger group impacted by the defective product or drug. If several plaintiffs want to unify to sue a single defendant, an attorney must receive permission from the court to file under mass tort law. Even this early stage requires a skilled lawyer familiar with the intricacies of mass tort law to successfully present the argument.

Frankl & Kominsky Can Help

While any personal injury case requires representation of a skilled attorney, mass tort lawsuits are particularly demanding. These types of lawsuits are more complicated than other personal injury or even class action suits and require exceptionally skilled attorneys. Frankl & Kominsky’s lawyers have extensive experience with mass tort lawsuits and have successfully represented mass tort victims throughout South Florida. Our attorneys know how critical each step of the mass tort process is, and will effectively and tirelessly represent clients in these complex cases. If you believe you or a loved one may be the victim in a mass tort lawsuit, call Frankl & Kominsky at (855) 800-8000 or contact us online to discuss your case. We speak Spanish and Creole.

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