When a number of people are harmed by a product manufactured by a large corporation, the injured people can find it difficult to fight a massive corporation with its vast financial resources and army of attorneys. Single plaintiffs could easily spend more on litigation costs than they would recover in damages. Fortunately, a group of plaintiffs injured by that legal wrong can band together and seek compensation through a mass tort action.
Mass tort actions often involve complex evidence and complicated legal issues. If you, and others who have been injured like you, are considering a mass tort action, you need attorneys with experience and a track record of success in helping plaintiffs successfully obtain compensation in a mass tort action.
Contact Ward Black Law today for a no-cost initial case review. You can explore your case with one of our Greensboro mass tort attorneys. You will learn more about your legal rights and options. We have successfully handled mass tort cases all across North Carolina for more than 25 years.
Mass Tort Cases We Handle
At Ward Black Law, our Greensboro mass tort lawyers have the legal expertise and resources to successfully pursue mass tort cases, such as:
- Over-the-counter medications including Zantac – Zantac has been available for many years to treat acid reflux. Recent studies have implicated Zantac as a potential cause of many kinds of cancers including stomach, breast and colon cancer.
- Prescription medications including Elmiron (prescribed for interstitial cystitis but potentially causing eye conditions including pigmentary maculopathy), Belviq (prescribed for weight loss but potentially causing an increased risk of lung, colon, rectal and pancreatic cancer) and Nuvigil/Provigil (prescribed for sleep problems for late shift workers potentially causing birth defects if taken during pregnancy).
- E-cigarettes – E-cigarette manufacturers are now being held accountable for deceptively marketing the benefits and safety of their products. Those companies have put defective products in the hands of consumers, and targeted minors in their advertising.
- IVC filters resulting in dangerous and deadly complications – These devices are implanted to catch blood clots in the inferior vena cava where they would normally dissolve. Patients allege the filters were defectively designed or manufactured, causing complications that include the breaking and puncturing of blood vessels or organs.
- Hernia and transvaginal surgical mesh – The FDA has withdrawn multiple synthetic hernia meshes and transvaginal meshes from the market after patients suffered serious complications post surgery. Evidence indicates that manufacturers knew of the defects and failed to warn doctors and patients. The mesh can cause tremendous pain and can be virtually impossible to fix even with additional surgery.
- Roundup® induced lymphoma – Reports indicate that the Roundup® herbicide has active ingredients that in their specific combination can increase consumers’ risk of developing non-Hodgkin’s lymphoma.
- Talcum powder and ovarian cancer – Women who used talcum powder for years have begun to develop cases of ovarian cancer at increased rates. The manufacturers of talcum powder are alleged to have known of the increased cancer risks but failed to warn consumers.
- Essure birth control – Essure was a non-surgical permanent sterilization birth control device. It was later discovered to come loose, perforate organs and cause serious complications that required surgical removal.
- Hip implant failure & recalls – Numerous metal hip replacement implants have been recalled from the market. Defective design and manufacturing have led to premature failure of the implants, requiring revision surgery for patients.
- Byssinosis, or brown lung, caused by cotton dust – Brown lung is an occupational disease caused by exposure to cotton dust in poorly ventilated working environments, particularly in fabric and clothing industries. North Carolina accounts for most of the byssinosis cases in the U.S.
- Environmental hazards or pollution – Pollution and other environmental contaminants from manufacturers and other large corporations have given rise to mass tort actions. Nearby residents allege they have developed a myriad of health issues due to exposure.
What Is a Mass Tort?
A “mass tort” is defined as a single wrongful act or omission that ends up causing injury to numerous people, such as a dangerous medical device that is recalled for causing health problems in those who received it. These injured persons may decide to come together to file one lawsuit against the party or parties responsible for the wrongful act or omission that injured them or they may file individual lawsuits for their injuries.
Mass torts are typically used when multiple individuals have been injured by a single wrongful act. A mass tort allows those injured parties to pool their resources to take on large corporations that commit mass torts, such as manufacturers or pharmaceutical companies.
What Is the Difference Between a Mass Tort and a Class Action?
If you have heard about “class actions,” you may be wondering about the differences (if any) between a mass tort action and a class action. Although both mass tort actions and class actions can be used to help victims get compensation for a particular harmful act (for example, the design or manufacture of a defective medical implant), mass torts and class actions are handled differently from one another.
In a mass tort, each plaintiff is treated individually even though all the plaintiffs alleged they were harmed by the same wrongful act or omission. As a result, each plaintiff in a mass tort must establish certain facts individual to that plaintiff. For example, plaintiffs must show how they were injured under the tort claim’s theory of harm, and each plaintiff must set out the amount of his or her damage.
In a class action, the group of plaintiffs (known as the class) is represented by one or a few individuals, called class representatives. All the members of the class are treated as one plaintiff. The class representative must prove a theory of harm common to all the class members. The representative must also prove an estimation of the damages suffered by the class to establish an award. The class members who opt into the litigation are paid a calculated share from this award if the case is successful or settled. Class actions are generally not used for products that injure people in the United States. If you have been injured by a product, your case is handled on an individual rather than a class action basis but may be combined with other individuals who have also been injured in some instances.
How Our Greensboro Mass Tort Attorney Can Help You Anywhere in North Carolina
When you need an experienced law firm to help you pursue a mass tort claim, a Greensboro mass tort attorney from Ward Black Law can help you by:
- Vigorously investigating your case to secure the evidence needed to pursue your claim. We can file evidence preservation requests and discovery requests with the defendant corporations to obtain evidence of their negligent acts and decisions.
- Collaborating with expert witnesses in the fields of engineering, medicine, and finance to build a persuasive legal argument. We will show the corporation’s legal fault and establish your injuries and damages.
- Aggressively negotiating with the corporations and their liability insurers to try to reach a settlement. Our goal is to provide you with the fair and full compensation you deserve as swiftly as possible so you can get back to your regular life.
- Preparing your case to go to court, if it becomes necessary. This includes filing the complaint with the court, defending your case in motion practice, and advocating for a verdict in your favor.
Contact a North Carolina Mass Tort Lawyer
If you and others have been seriously injured by a product such as a drug, medical device or other consumer product, you may be eligible to seek compensation through a mass tort action. You need experienced legal representation with the appropriate resources to pursue a complex case such as a mass tort.
For a free, no-obligation consultation with the mass tort attorneys at Ward Black Law in Greensboro call or text us today. You will learn about your legal rights and options. You will also learn how our firm can help you pursue financial compensation for your injuries through a mass tort action.