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Mass Torts Lawyer
Have you or a loved one been affected by a defective product, dangerous drug, or environmental hazard? If so, you could be entitled to significant compensation. But getting that compensation is no simple task, especially when going up against large corporations with deep pockets.
But you don’t have to walk this path alone. Gregg M. Goldfarb, LLP, partners with top-tier law firms that handle mass tort litigation and know how to get you the recovery you deserve.
Contact Gregg today to discuss the specifics of your case in a free consultation session. You’ll learn more about how a nationwide mass tort lawyer can help you seek justice.
What Are Mass Torts?
Mass torts are civil legal actions that involve multiple parties (plaintiffs) suing one or several other parties (defendants). These lawsuits seek accountability and compensation for harm caused by a product, pharmaceutical drug, medical device, or other negligent or intentionally harmful conduct.
In mass tort litigation, each plaintiff has an individual claim. However, because many people have suffered harm by the same entity, handling all the claims together is more efficient.
What Are the Differences Between Mass Torts and Class Actions?
In a class action, a representative plaintiff, through an attorney, sues on behalf of a larger group, or “class,” who have all been affected similarly by the defendant’s actions. In mass torts, each plaintiff retains their individual claim because their injuries can vary widely in nature and severity.
Another distinction is that a single judgment or settlement coordinated by a lawyer is divided among the members of a class action, often leading to smaller individual awards. In a mass tort, each plaintiff can receive a different payout based on their specific circumstances, potentially leading to larger recoveries for some.
What Is a Multidistrict Litigation (MDL)?
Multidistrict litigation (MDL) is a procedure that accelerates the process of handling complex cases like mass torts that are pending in multiple federal districts. In an MDL, cases with common issues of fact get consolidated into a single federal court for pretrial proceedings.
Unlike class actions, the cases in an MDL remain separate and individual. If settlements aren’t reached during the MDL, the cases can get sent back to their original jurisdictions for individual trials.
What Are Active Mass Torts?
Here are just a few examples of some current active mass torts across the United States:
3M Earplugs
In a recent landmark case, 3M pledged to pay a $6.01 billion settlement over the next five years. The money will go to over 200,000 U.S. military members who experienced hearing loss due to the company’s faulty earplugs.
Talcum Powder
Lawsuits against Johnson & Johnson allege that its talcum powder products contain asbestos. Asbestos exposure is linked to mesothelioma, ovarian cancer, and other severe conditions. Despite these claims, J&J insists its talc products are safe and asbestos-free.
Johnson & Johnson faces thousands of cancer-related lawsuits that are in the billions of dollars. The courts have rejected the company’s first two attempts to file for bankruptcy protection after offering $8.9 billion in the second go-around. Reports have come out that Johnson & Johnson is looking to file a third bankruptcy petition.
Camp Lejeune Water Contamination
The drinking water at Camp Lejeune, located in Jacksonville, North Carolina, was contaminated with dangerous chemicals from 1953 to 1987. Plaintiffs have filed more than 1,100 federal lawsuits and 93,000 administrative claims seeking compensation for injuries caused by the contaminated water.
President Joe Biden signed the Honoring Our PACT Act in August 2022, which opened the doors for these claims. On September 6, 2023, the U.S. Navy and Department of Justice introduced a tiered payout system to expedite the resolution of thousands of such claims.
Paraquat Parkinson’s
Paraquat, an herbicide, has been on the market since the mid-1960s. Plaintiffs allege that manufacturers were aware of scientific evidence linking paraquat exposure to an increased risk of Parkinson’s disease but failed to adequately warn users.
In 2022, a federal judge in southern Illinois ruled that most claims against paraquat manufacturers could proceed. According to the Judicial Panel on Multidistrict Litigation, nearly 600 such cases were on record at the time of this ruling.
Hernia Meshes
Bard’s PerFix Plug hernia mesh, used to repair hernias, has become the subject of more than 19,000 lawsuits. In addition to federal bellwether lawsuits, several state court cases have also been brought, including one that resulted in a $4.8 million verdict in Rhode Island in 2022.
Plaintiffs allege Bard’s hernia meshes caused scarring and sometimes necessitated additional surgery. Many patients say the meshes left them with chronic pain. The second bellwether trial in 2022 ended with a $255,000 verdict in favor of the plaintiff.
Transvaginal Meshes
Johnson & Johnson and other pelvic (transvaginal) mesh manufacturers face lawsuits claiming their products cause severe pain and complications and were defectively designed using unsafe materials.
The ongoing lawsuits have resulted in billions of dollars in settlements so far. In March 2021, a federal appeals court revived a Kentucky woman’s lawsuit against Johnson & Johnson. This decision allows a jury to hear her case, one of more than 100,000 in several multidistrict litigations.
Philips CPAPs, BiPAPs, and Ventilator Devices
In 2021, Philips Respironics recalled several of its CPAP, BiPAP, and mechanical ventilator devices. Studies show that the sound abatement foam used in these devices can emit toxic fumes or degrade under certain conditions, emitting particles that users could inhale.
A federal judge recently appointed four co-lead counsels for a multidistrict litigation (MDL) case against Philips for its recalled devices. As of February 2022, the MDL encompassed 233 pending actions.
Asbestos Exposure
On July 9, 2022, a former employee of the Goodfellow Federal Center in St. Louis filed a class-action lawsuit against the organization. The plaintiff, who was diagnosed with cancer, alleged long-term exposure to asbestos, lead, and other hazardous substances in the Center.
The plaintiff claims workers were only made aware of the hazardous conditions in 2019 despite having studied the problem since 2002.
Juul Vapes
In April 2023, Juul Labs announced a settlement of approximately 5,000 lawsuits in a Northern California court for $462 million. This is on top of a $438.5 million settlement Juul made in September 2022 with 36 states over its marketing practices. The lawsuits accuse Juul of deliberately targeting underage users through its marketing strategies and vape flavors.
Roundup and Non-Hodgkin Lymphoma
Bayer faces thousands of ongoing claims alleging that Roundup causes non-Hodgkin lymphoma, a blood cancer. The company has previously settled around 125,000 claims with a $9.6 billion fund but still has 30,000 unresolved cases.
In May 2021, Bayer announced it would reconsider the future of its glyphosate-based weed killers, including Roundup, in the U.S. residential market. This decision came after a U.S. judge rejected a $2 billion settlement plan to resolve future claims.
Sexual Abuse
On March 28, 2023, a U.S. judge affirmed the Boy Scouts of America’s $2.46 billion settlement for decades of sexual abuse claims. The settlement addresses more than 80,000 men who claim they were abused as children by Boy Scouts troop leaders. Individual claimants could receive between $3,500 and $2.7 million, depending on various factors like the severity and timing of the abuse.
AFFF Fire Fighting Foam
DuPont, 3M, and other companies will pay at least $10.3 billion in a global settlement to resolve claims that AFFF (aqueous film-forming foam) products caused cancer. For decades, these foams were used to prevent dangerous fires, but they allegedly contaminated soil and water with PFAS (“forever chemicals”). The AFFF lawsuits, filed by companies, water providers, and local governments, alleged that the foam manufacturers knew about the link between PFAS and cancer. The cases filed by individual plaintiffs have not been settled.
What Compensation Can You Pursue in a Mass Tort Lawsuit?
In a mass tort lawsuit, you could be entitled to compensation for various types of losses, such as:
- Medical expenses
- Future medical costs
- Lost wages
- Loss of future earnings
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Property damage
- Rehabilitation costs
- Wrongful death
- Funeral and burial expenses
How Long Do Mass Tort Cases Take?
The duration of mass tort cases can vary widely depending on the complexity of the issues involved, the number of plaintiffs, and the willingness of each party to settle. Some cases might resolve within a few years, while others drag on for decades. Multidistrict litigation can expedite pretrial proceedings but doesn’t guarantee a quick resolution. Additionally, even after cases settle or reach verdicts, appeals can add years to the process.
How Are Mass Torts Resolved?
Mass torts typically resolve through settlement negotiations, trial verdicts, or a combination of both. In many instances, the defendant chooses to settle with plaintiffs to avoid the uncertainties and public exposure of a trial. Alternatively, some cases go to trial, where each plaintiff’s claim gets individually considered. Early trial cases called “bellwether trials” are sometimes used to gauge potential outcomes and guide settlement negotiations for future claims.
Why Should You Hire an Attorney for a Nationwide Mass Torts Action?
Hiring an attorney for a nationwide mass tort action is essential because:
- Mass tort cases often involve complex legal and medical issues.
- Mass torts often involve going up against big corporations with significant resources.
- The procedures in mass torts are unique.
- Attorneys often handle mass torts on a contingency basis.
- A lawyer can make sure claims are filed within a jurisdiction’s statute of limitations (the cutoff date for filing a lawsuit).
Contact a Nationwide Mass Tort Lawyer Today
Don’t let the complexity of mass tort litigation intimidate you. You deserve justice, and Gregg Goldfarb, along with a network of premier law firms, is here to help you get it. Contact Gregg M. Goldfarb, LLP today to speak with an advocate who will fight for your rights.