We expect the products that we use and the medications we take to be safe. Things can still slip through the cracks even when subject to strenuous testing. Unfortunately, this means that you may find yourself injured through no fault of your own. As you consider legal action, it’s essential to know the options that are available to you. Filing a lawsuit against the responsible entity is a logical next step, but you may join a mass tort action. A mass tort results when the same act harms many people but with specific individual harm — for example, a defective medical device or catastrophic accident that injures multiple people. Instead of several similar lawsuits proceeding individually against the same defendants, they’re consolidated to streamline the process.
Mass tort and class action lawsuits are sometimes used interchangeably but are different processes. Both are designed to streamline legal proceedings. However, in a class action lawsuit, everyone who is harmed is combined into one class, meaning they no longer have their own cases. Mass tort lawsuits allow plaintiffs to have their individual cases and outcomes, while the result of a class action lawsuit applies to every class member.
What are common types of mass tort cases? While mass torts can apply to various cases, there are a few frequent themes.
Catastrophic Accidents
Catastrophic accidents like train derailments and plane crashes frequently lead to mass torts. While some catastrophes are completely unpreventable, negligence often plays a role in large accidents. Human error is a leading cause of both plane and train disasters. A crash may happen because a company failed to perform regular maintenance on its fleet or because team members weren’t adequately trained. Lawsuits allow people injured in catastrophic crashes to seek damages for their injuries. To succeed with a catastrophic accident lawsuit, you must show that you were owed a duty of care and the defendant failed to meet that standard. You must also show that you were injured because of the breached duty of care.
Dangerous Drugs
Dangerous drugs are another common type of mass tort. Medications undergo rigorous testing before they’re released to the public, but hazardous drugs still make it onto shelves. Sometimes, a manufacturer fails to perform adequate clinical trials to ensure a safe product. In other scenarios, they miss a potential side effect they should have known about and fail to warn consumers of the risk. One recent example is GLP-1 medication like Ozempic, the so-called wonder drug for diabetes that was touted as safe — until it was revealed that it could increase the chance of someone developing gastroparesis. Another example is Depo-Provera, a birth control injection linked to certain types of cancer.
Defective Medical Devices
Similarly to dangerous drugs, defective medical devices are advertised as a safe solution to a medical problem. Unfortunately, these devices have serious issues that can cause health complications. If a medical device has harmed you, you may be able to seek legal action against the manufacturers and distributors. In some cases, you can seek damages from your doctor or hospital. The Bard PowerPort catheter is one example of a defective medical device mass tort. The polymer used in the catheter is susceptible to degradation, which can cause device fractures and fissures. The catheter can cause infections that lead to blood clots, heart attacks, strokes, and more.
Dangerous and Defective Products
Dangerous and defective products make up many of the mass tort cases we see in the news. One recent instance is the hair relaxer lawsuits, where chemical hair relaxers advertised as all-natural, safe products were linked to an increased risk of ovarian cancer. One study found that the products, which are overwhelmingly marketed toward and used by Black women, double the risk of ovarian cancer in women who use hair relaxers frequently.
Dangerous product cases fall into three categories: design defects, manufacturing defects, and marketing defects. A design defect occurs when a product’s design is inherently flawed from the start. A manufacturing defect happens when there’s an error during the production process — in these cases, only one batch or lot of a product may be affected. Lastly, marketing defects occur when a manufacturer fails to warn consumers about the potential risks associated with using a product.
Toxic Torts
When an environmental disaster results from toxic chemicals, it can lead to an action known as a toxic tort. One example is per- and poly-fluoroalkyl substances (PFAS), a type of “forever chemicals” used in cookware, clothing, food packaging, electronics, and more. These chemicals break down slowly and are resistant to water, grease, and heat. However, human exposure to PFAS is linked to cancer, liver problems, reproductive effects, and developmental delays in children. PFAS have been found in the public drinking water supply in many jurisdictions, and someone injured after consuming PFAS may have a case for a lawsuit.
Why Mass Torts Matter
Mass tort litigation allows multiple victims to have their cases heard and receive damages for their losses, but it also serves another vital purpose. Because mass tort lawsuits generate media coverage and public interest, they bring responsible entities under scrutiny. They can serve as a warning to other manufacturers to avoid making the same errors. They can pave the way to change legislation and governmental regulations. These legal actions can significantly impact the world — all because of people brave enough to come forward and seek legal action.
Do you think you might have a mass tort claim? Our mass tort attorneys at The Cochran Firm Texas specialize in these cases and can help you move forward. Contact us online or at 1-866-892-6148 for a free consultation.
Danae N. Benton cares about her clients and works with them in their fight to hold large corporations accountable. Her practice is focused on complex civil litigation, where she represents individuals whose lives have been egregiously affected by defective implants, harmful medical devices, and dangerous prescription drugs.
