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Mass Torts

What Are Mass Torts?

A mass tort action is “a civil action involving numerous plaintiffs against one or a few defendants in state or federal court” arising from a particular type of defective product. Parties in a mass tort action have suffered similar but not equal damages. Mass tort cases can generally be filed when consumers are injured on a large scale by defective drugs or products. The Hyman Law Firm, P.A. helps people who’ve suffered injury as a result of defective drugs, medical devices or defective products.

What is a Multidistrict Litigation (“MDL”)?

A MDL is a procedure utilized in mass tort actions in the federal court system to transfer all pending civil cases concerning similar types of cases filed throughout the United States to one federal judge in order to efficiently process the cases. MDL’s can involve hundreds or thousands of cases originally pending in dozens of different courts.

The goal of a MDL is to conserve judicial resources and promote consistent court rulings among different lawsuits that involve similar legal issues. Rather than multiple judges issuing piecemeal and perhaps inconsistent rulings on identical issues, the MDL judge, makes one decision that applies to all cases in the MDL. MDL’s also save the parties costs incurred in conducting discovery or retention of expert witnesses.

The following types of cases commonly qualify as MDLs:

  • suits arising from airplane crashes;

  • suits involving dangerous drugs, medical devices, and other products liability claims;

  • suits involving employment practices;

  • suits involving intellectual property infringement, and

  • suits involving securities fraud.

The Hyman Law Firm, P. A. is well versed in this area of law and will fight for its clients. Please call today for a free consultation if you believe you or a loved one have been harmed by a mass tort.

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Dangerous Drugs

Pharmaceutical companies manufacture and market hundreds of new drugs each year. Before being made available to consumers, prescription and nonprescription medications should be thoroughly tested and users should be given adequate warning about potential side effects and health risks. Therefore, each drug is approved and regulated by the Food and Drug Administration (“FDA”) before it reaches the consumer.

Pharmaceutical companies and drug manufacturers spend years researching and testing new drugs and medications. However, despite the years of clinical studies, clinical trials, and research, many new drugs are released to the public before the risks are fully understood. When a drug or medication does more harm than good and the health risks associated with using a drug outweigh its potential benefits, the FDA may deem the medication to be dangerous.

Dangerous drugs are drugs that had dosage mistakes, inadequate warnings, mislabeling, manufacturing errors, are not adequately tested for their potential side effects and drugs that are recalled, to name a few. These issues may arise with prescription drugs or over-the-counter drugs.

In some cases, the FDA has already determined that the drug is defective and therefore it is dangerous, and has issued warnings or mandatory recalls. However, even with the FDA’s oversight, pharmaceutical drugs kill over 40,000 people every year, according to the U.S. Centers for Disease Control and Prevention (“CDC”).

The Hyman Law Firm, P. A. is well versed in this area of law and will fight for its clients. Please call today for a free consultation if you believe you or a loved one have been harmed by a dangerous drug.

Defective Medical Devices

Medical devices have transformed health care. However, when a medical device is defective, this causes disastrous consequences to the people who were implanted with the device. Unfortunately, when the medical devices fail or have side effects, they often are more harmful than the injury or sickness they sought to cure.

Many thousands of patients have been injured over the years by medical devices that proved defective or problematic. Defective devices ranging from hip and knee replacements to breast implants has caused thousands of injuries to people. Sometimes a device-related injury, can occur during an implant procedure and sometimes it is not discovered until years later. Often, instead of recalling a faulty device, some manufacturers will try to deny or cover up the fact that something is wrong with their device.

Whether or not a manufacturer has recalled a medical device, you still have the right to investigate taking legal action. If you have suffered medical complications linked to a faulty medical device, you may have a right to seek compensation from the device manufacturer. The Hyman Law Firm, P.A. is here to help you.

If you believe you have suffered medical complications due to any kind of medical device, please call The Hyman Law Firm, P.A. The Hyman Law Firm, P.A. will be happy to discuss the legal options available to you. Please contact the Hyman Law Firm, P.A. for a free consultation if you believe you or a loved one have been harmed by a defective medical device.

Defective Products

Mass tort litigation may also arise when a manufacturer or retailer makes and/or sells a defective product that injures hundreds or even thousands of innocent people due to the defect. Product liability laws can hold manufacturers and retailers responsible for injuries associated with the intended use of a product.

In general, defective products refers to any situation where groups of consumers purchased a defective product that resulted in injury to consumers. The Hyman Law Firm. P.A. investigates and pursues defective product cases. Please call The Hyman Law Firm, P.A. for a free consultation.

How Can a Mass Tort Attorney Help You?

Because of my experience as a mass tort attorney, I know the ins and outs of what it takes to go up against large companies who have committed a mass tort and who have more resources than you.

The Hyman Law Firm, P.A. will fight persistently and aggressively so you can have a greater chance of receiving justice and compensation for your injury.

The Hyman Law Firm, P. A. is well versed in this area of law and will fight for its clients. Please call today for a free consultation if you believe you or a loved one have been harmed by a defective product.

Advocating For Your Rights

Hiring a skilled mass torts attorney can help you seek the justice you deserve. If you need a persistent, knowledgeable lawyer on your side, call to schedule your free consultation with me today.