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Florida Mass Torts Lawyer
If you have been harmed by a malfunctioning product, defective drugs, or environmental pollution, you’re probably not alone. When multiple individuals suffer the same preventable harm, the process of a mass torts lawsuit allows them to hold at-fault entities accountable.
Gregg M. Goldfarb, LLP partners with some of the most experienced and formidable attorneys to help clients seek the justice and fair compensation they deserve. For 30 years, Gregg Goldfarb and allied top-tier law firms have advocated for injury victims through mass torts claims and know how to get you the recovery you deserve.
Contact us today for a free initial consultation with a Florida mass tort lawyer and take the first step toward reclaiming your life.
What Are Mass Torts?
Mass torts are legal actions in which multiple plaintiffs file a single lawsuit against one or several defendants for injuries or damages caused by a particular product, service, or event. Mass torts commonly involve pharmaceuticals, medical devices, environmental hazards, and consumer products. By consolidating these individual cases, the court system can more efficiently manage similar pretrial proceedings and settlements.
What Are the Differences Between Mass Torts and Class Actions?
Mass torts and class actions involve multiple plaintiffs taking legal action against the same defendant or group of defendants, but there are significant differences between the two.
In a class action, plaintiffs are grouped into a single “class,” and a representative member, through their lawyer, sues on behalf of the entire class. The case outcome is binding for all members, and the compensation usually gets distributed evenly among them.
In mass torts, each plaintiff retains their individual case and receives a personalized settlement or verdict based on their unique injuries or losses.
What Is a Multidistrict Litigation (MDL)?
A multidistrict litigation (MDL) is a legal proceeding consolidating individual but similar cases from different district courts into a single federal court for pretrial proceedings. The purpose of an MDL is to streamline the discovery phase, avoid duplicative rulings, and conserve resources for the courts and parties involved. Once pretrial proceedings are complete, some cases get sent back to their original jurisdictions for trial unless the parties settle. MDLs are common in mass tort actions.
What Are Active Mass Torts?
The following summaries provide an overview of various active mass tort cases currently unfolding in the American legal system:
3M Earplugs
3M recently agreed to a $6.01 billion settlement for nearly 260,000 lawsuits filed by current and former U.S. military members alleging that 3M’s Combat Arms earplugs were defective and led to preventable hearing loss. The military used the earplugs between 2003 and 2015. The settlement funds will primarily be disbursed over the next five years.
Talcum Powder
Johnson & Johnson (J&J) recently proposed an $8.9 billion settlement for thousands of lawsuits alleging its talc products, like baby powder, cause cancer. Plaintiffs claim that J&J’s talc products contain harmful asbestos particles that cause ovarian cancer and other malignancies. J&J disputes these allegations. LTL Management, a J&J subsidiary the company established to hold and manage claims related to the lawsuits, has since declared bankruptcy twice, a move plaintiffs’ attorneys and watchdogs have called a misuse of bankruptcy laws.
Camp Lejeune Water Contamination
Following the Honoring Our PACT Act signed by President Biden in August 2022, individuals exposed to contaminated water at Camp Lejeune can now file new lawsuits. So far, eligible parties have submitted over 1,100 federal lawsuits and 93,000 administrative claims. The contamination between 1953 and 1987 could have affected as many as 1 million people, increasing their risk of certain cancers and other severe conditions.
Paraquat Parkinson’s
In February 2022, a federal judge in Illinois ruled that hundreds of agricultural workers could proceed with most of their claims against Syngenta Corp. and Chevron USA. The plaintiffs allege that their occupational exposure to paraquat, marketed by Syngenta under the name Gramoxone, caused them to develop Parkinson’s disease. The herbicide has been available since the 1960s but is banned in more than 30 countries outside the U.S. Plaintiffs contend that both companies were aware of the herbicide’s potential risks but failed to issue warnings.
Hernia Mesh
Medical device company C. R. Bard faces more than 19,000 cases concerning its PerFix Plug mesh used for hernia repairs. Plaintiff Aaron Stinson claims the mesh caused him scarring and chronic pain. His trial is scheduled for October, the third in a series of “bellwether” trials that are essentially test cases in mass torts litigation. Previous bellwether trials have produced mixed results. Bard won the first trial in 2021, but the second trial ended in a $255,000 verdict for the plaintiff. Some cases have been tried in state courts, including one that resulted in a $4.8 million verdict in Rhode Island in 2022.
Transvaginal Mesh
A Kentucky woman is suing Ethicon and its parent company, Johnson & Johnson (J&J), alleging that the company’s defective transvaginal mesh caused her debilitating pain. The lawsuit is one of more than 100,000 against J&J and other mesh manufacturers consolidated into a multidistrict litigation (MDL) structure. The ongoing cases have led to settlements of over $8 billion.
Philips CPAP, BiPAP, and Ventilator Devices
Litigation against Philips began in 2022 following a recall of its CPAP, BiPAP, and mechanical ventilators, affecting an estimated 5.2 million devices worldwide. The recall was necessary due to the potential risks of the sound abatement foam in these devices, which could emit toxic fumes or degrade, risking inhalation by users. As of February 2022, 233 actions were pending, consolidated under an MDL.
Asbestos Exposure
Workers at the Goodfellow Federal Center in St. Louis filed a class action alleging long-term occupational exposure to dangerous substances like lead and asbestos. One worker diagnosed with terminal cancer paid nearly $20,000 in out-of-pocket medical expenses. The lawsuit claims thousands of federal workers were exposed for years even though the U.S. General Services Administration was aware of the problem as early as 2002.
Juul Vaping
On December 6, 2022, Juul Labs agreed to settle roughly 5,000 lawsuits for an undisclosed amount, resolving yet another legal battle alleging the company’s selling and marketing of e-cigarettes has led to the teen vaping crisis. Previously, Juul settled an investigation involving 36 states for $438.5 million, leading to new marketing restrictions.
Roundup and Non-Hodgkin Lymphoma
Bayer faces ongoing lawsuits alleging that its Roundup weedkiller causes non-Hodgkin lymphoma, a form of blood cancer. A U.S. judge rejected Bayer’s $2 billion class-action settlement plan, calling it “clearly unreasonable.” Bayer previously committed $9.6 billion to settle around 125,000 existing claims, but 30,000 remain unresolved. Bayer will likely face future litigation because the cancer’s symptoms take 10 to 15 years to manifest.
Sexual Abuse
The Boy Scouts of America reached a $2.46 billion settlement to address sexual abuse claims going back decades, the largest sexual abuse settlement fund in U.S. history. More than 80,000 men claim they were abused as children by troop leaders. The amount that abuse survivors can receive from the bankruptcy settlement varies between $3,500 to $2.7 million depending on various factors like the severity of the abuse and when it happened.
AFFF Fire Fighting Foam
Kidde-Fenwal Inc. recently filed for bankruptcy amid thousands of lawsuits alleging that its AFFF (aqueous film-forming foam) products contaminated water and soil with PFAS (“forever chemicals”). The company, which sold AFFF products between 2007 and 2013, faces more than 4,400 lawsuits from local governments, companies, and individuals. PFAS chemicals, linked to cancer and other health risks, were developed in the 1970s by 3M and the U.S. military primarily for use at military bases and airports.
What Compensation Can You Pursue in a Mass Tort Lawsuit?
In a mass tort lawsuit, plaintiffs seek compensation for losses due to the defendant’s actions or inaction. Common examples include the following:
- Past and future medical expenses
- Lost wages and future earning capacity
- Property repair or replacement costs
- Pain, suffering, and lost quality of life
How Long Do Mass Tort Cases Take?
The length of time a mass tort case takes to resolve can vary widely depending on various factors, including the number of plaintiffs involved and the complexity of the issues. Some mass torts settle within a few years, while others can take a decade or more. MDL can speed up the pretrial phase, but individual trials are often time-consuming. If you suspect you have a mass tort case, you should consult an experienced Florida attorney for a more specific timeline based on your unique situation.
How Are Mass Torts Resolved?
Mass torts can resolve in several ways, the most common of which are settlements and trials. Many mass torts end in settlement agreements, where defendants agree to pay the plaintiffs a certain amount without admitting guilt. These settlements often come after a period of intensive discovery and sometimes after a few “bellwether” cases have gone to trial to test the strength of the claims. If the parties don’t settle, individual cases might go to trial. Sometimes, the rulings in these individual cases can influence similar trials or lead to broad settlement deals for remaining plaintiffs.
Why Should You Hire a Florida Lawyer for a Mass Torts Action?
If you know or suspect you have a mass tort case in Florida, you should consult an experienced attorney to protect your interests and secure the meaningful results you deserve. Here’s why:
- A lawyer can evaluate the merits of your case and advise you on how to proceed.
- Lawyers have the experience necessary to identify and gather helpful evidence.
- An attorney can consult with experts in relevant fields to bolster your case.
- Your attorney can coordinate with other plaintiffs to strengthen collective claims.
- A lawyer can use their negotiation skills to secure the best possible settlement.
- Should your case go to trial, you’ll need an attorney for court representation.
- Many lawyers work on a contingency fee basis, so you won’t pay unless you win.
Contact a Florida Mass Tort Lawyer Today
Time is of the essence in mass tort cases, and the sooner you act, the better your chances for a favorable outcome. Gregg M. Goldfarb, LLP works with premier Florida law firms experienced in mass tort litigation and getting justice. Don’t wait — contact Gregg today to arrange a free consultation session with a mass tort lawyer in Florida. Hablamos español.