Mass Tort Attorneys

Whether you were hurt by a defective product, a dangerous medical device or drug, or the victim of widespread negligence or discrimination, we can help.

Mass Torts Lawyer

Mass tort lawsuits seek to recover compensation for injuries or damages suffered by numerous individuals who have been harmed in the same manner, often the result of taking a prescription drug that has harmful side effects, using a defective product or medical device that leads to injury, or as the result of corporate negligence or other discriminatory conduct.

Whether you were injured by a defective product, suffered harmful side effects from taking a prescription drug, or sustained injuries in a large-scale incident, our team can seek compensation for your damages. Exploring your options begins with one phone call. The injury lawyers at Hilliard Martinez Gonzales can help.

What is a mass tort?

A mass tort is when multiple people injured by the same thing collectively file a lawsuit. As opposed to a class-action lawsuit, where everyone equally splits any settlement that results, mass torts recognize that each individual has their own circumstances. So, you could recover a different set of damages than another person in the same mass tort.

Types of mass tort cases:

The following can serve as the basis of a mass tort case:

• Defective products
• Harmful side effects from prescription and OTC drugs
• Corporate wrongdoing 
• Social justice and civil rights

Our injury lawyers can review your case and determine if you qualify to start or join a mass tort.

We are currently handling numerous types of mass torts including:

• Camp Lejeune Water Contamination: Between the 1950s and the late 1980s, active duty service members and their families living at Camp Lejeune in Jacksonville, North Carolina drank, cooked with, and bathed in water contaminated with chemical waste from a nearby dry-cleaning company and runoff from military equipment cleaning stations. Unfortunately, many of those who had been exposed to the chemicals had developed cancer and other major health problems.
• Bank Racism: Unfortunately, race discrimination still exists in the modern banking system. Sometimes, black customers are unfairly profiled and viewed as suspicious, just for entering a bank.  Other times, they are unduly questioned and examined when trying to perform basic transactions.  Black banking customers face discrimination when meeting with loan officers, sometimes paying higher interest rates, or being rejected entirely, while white applicants are not held to the same scrutiny.
• New York Sex Abuse: A new law allows a one-year window for survivors of sexual abuse as adults to sue their abusers, regardless of when the abuse occurred. Survivors of sexual abuse now have a right to file a claim and seek compensation, even if the abuse happened while they were an adult.
• Exactech Implants: A sweeping recall of the Exactech knee and ankle replacement systems was recently announced after it was discovered that they contained a defective plastic insert component that causes them to fail prematurely. Exactech issued the recall after discovering that the polyethylene insert components of all systems made after 2004 were packaged in defective vacuum-seal bags.
• Zantac: Manufacturers of Zantac® have issued a recall after carcinogen concerns. Drug safety officials are looking into whether the heartburn medication Zantac® contains levels of the probable carcinogen NDMA that could pose a danger to users. Ranitidine, as the drug is known in generic form, is an antacid and antihistamine used to treat and prevent a range of gastrointestinal disorders. The online pharmacy Valisure, independently tested ranitidine, brand name Zantac®. In a Citizen Petition to the FDA, they said that they found, “extremely high levels of NDMA, a probable human carcinogen, in every lot tested, across multiple manufacturers and dosage forms.”
• Elmiron: Interstitial cystitis causes chronic pain in the bladder and pelvis area. More than a million people in the United States, mostly women, are estimated to have the condition. Elmiron® (pentosan polysulfate sodium) was approved by the FDA on September 26, 1996, for the treatment of painful bladder syndrome (interstitial cystitis). As a mainstay of treatment for decades, hundreds of thousands of people have likely been exposed to the drug.  Recent studies have concluded that long-term use of Elmiron can cause permanent vision problems.
• Opioids: America has an opioid crisis that has affected all walks of life including urban, suburban, and rural communities in every state. Opioids act on the nervous system, primarily to provide pain relief, and are highly addictive. Studies show that 115 people die every day in the United States from an opioid overdose.  This totals nearly 400,000 deaths over the past 20 years. Over 2 million people are currently living with a substance abuse disorder related to opioids. Opioid litigation is ongoing and includes a variety of manufacturers and distributors.
• CPAP Machines Recall: Philips Respironics has recalled numerous types of ventilator machines after receiving complaints that these machines were linked to serious health issues, including cancer, kidney damage and infections. The Phillips CPAP recall notice advised customers that they may have been exposed to dangerous foam particles and chemicals when the device is in use. According to Philips, the foam that is inside the machine degrades over time, leaving tiny black particles in the machine. Further, the foam degradation process emits potentially carcinogenic gases. Numerous health risks have been attributed to the foam degradation process.

Recoverable damages in a mass tort case

The value of your damages will depend on the nature of your injuries, the cause of your accident, and your quality of life. Our lawyers will help you seek the following:

Medical bills.  Compensation for your healthcare expenses can include costs related to the following:

• Hospitalization
• Treatment
• Surgery
• Medications
• Life support
• Assistive devices, like wheelchairs
• Doctors’ copays
• Physical or occupational therapy
• Mental health counseling

Our firm will account for your past, present, and future medical costs as we calculate your damages.

Lost income.  Depending on the nature of your profession (and your ability to work in the future), you could receive compensation for forfeited:

• Commissions
• Contracts
• Tips
• Bonuses
• Salary
• Income
• Employee benefits, like paid time off (PTO)

If your injuries permanently affect your earning power, we can calculate the value of your loss of future earning capacity.

Pain and suffering.  We will calculate the pain and suffering from an accident based on the following:

• Injuries
• Quality of life
• Mobility
• Ability to live alone
• Relationships
• Ability to work
• Daily pain levels
• Physical appearance (if you suffered disfigurements)

This expense accounts for the burden of being hurt. Each person in your mass tort could receive varying amounts for their pain and suffering.

Wrongful death-related losses. If you lost a loved one, compensatory damages could include:

• Funeral expenses, including the casket, urn, burial plot, and cremation
• Healthcare costs, including feeding tubes and life support
• Loss of the decedent’s society, income, and parental guidance
• Pain and suffering

CONTACT OUR ATTORNEYS TODAY

Tell us about your case, even if other attorneys have turned you down. We’ll stand with you for justice. Call us at 1-800-334-3298 or fill out our contact form for a free consultation. If we take your case, we will work on a Contingent Fee basis, which means you don’t pay us unless we win.

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