Mass Tort Litigation
What is a Mass Tort?
Mass=Many People, Tort= A Wrong has occured
A Mass Tort claim is procured from many individuals who have experienced, or are experiencing, illness, injury, or other deficits due to the use of a defective product or medication. The claimed injuries or deficits experienced by the plaintiffs (the individuals who are bringing the claim forward) are similar, as well as the use of a specific product. Often with a mass tort there is a set of criteria an individual must meet in order to be able to pursue litigation within the group of claimants. This criteria typically involves specifications related to a product and the unfavorable outcomes experienced due to its defect(s). Criteria can include items such as the brand or version of a medication, the version number or year of a product that was used, and/or the specific symptoms/diagnoses experienced due to the use of a specified product.
Mass torts are considered to be a type of multi-district litigation (MDL). MDL cases include claimants that reside in multiple states throughout the country, which are all transferred to a single district court. Though the group of claims is appointed one judge to reside over the litigation process, each case within the mass tort is pursued and filed individually. This means that the experience, relevancy, and history of one plaintiff in relation to the product will be overviewed solely and without direct impact of the experience, relevancy, and history of the other plaintiffs within the overall claim.
Not all cases will be brought directly before the judge. Experienced attorneys are necessary to process mass tort claims, as they can be lengthy and complex. Often attorneys represent a large group of plaintiffs pursuing litigation for a product and have the ability to partner with other firms to tackle some of the extensive research and processing that can go into developing a case. At Keeler, Roth, & Associates, we have a team that not only provides comprehensive service to support you through your mass tort claim, but also an extensive network to ensure the best process for litigation is being strategically outlined.
What is the difference between a Mass Tort & a Class Action law suit?
Class Action= many people, one plaintiff
Mass tort litigation can often be confused with a class action law suit. In both instances, a large number of people have been affected by a product. In a class action law suit, the group of claimants is treated as one plaintiff. This means that all claimants have to fit within a strict standard with very minimal variation in regards to the infringement that has occurred. Each claimant is not treated individually. One plaintiff is selected to represent the entire group of plaintiffs, which means their specific experience has to prove to be relevant to the experience of all claimants within the class. Class action law suits can be difficult because an attorney has to effectively represent hundreds or thousands of claimants. As with mass torts, attorneys seek counsel and find benefit in having a large network.
What We Do
We want to represent you
At Keeler, Roth, & Associates, we want our clients to be able to understand litigation terminology and processes. This means we care about your specific case and want to ensure you understand the legal process in every step of your claim. Our experienced attorneys have won several nationally recognized mass tort cases. Our team ensures that each individual claim is prepared to recover the highest return possible with the readiness to pursue litigation beyond a tort if necessary. Keeler, Roth, & Associates continuously seek out professional development and training in order to stay up to date with strategic approaches to processing MDL cases. The MDL team dedicates weekly time to research potential product liability claims in order to stay on the forefront of pursuing mass tort litigation.
We are all in. We are here to answer your questions and walk you through understanding the steps in pursuing Mass Tort litigation. If you or a loved one has experienced infringement due to a defective product or medication, we want to partner with you.
We are currently working on the following mass tort litigation claims:
3M Dual Ended Combat Earplugs with a direct result of hearing loss or tinnitus
CIPRO (brand) medication with a diagnoses of aortic dissection or aneurism
Abilify medication which is linked to impulsive behaviors such as gambling
Hernia Mesh (with brand restrictions) that has been revised due to complications
Prilosec (PPI medication) with a diagnoses of gastric cancer or renal failure after at least 6 months of ingestion