Turning Probabilities Into Realities

  1. Firm News
  2.  → Mass tort, explained

Mass tort, explained

On Behalf of | Nov 19, 2019 | Firm News, Uncategorized |

Mass tort, explained

Products that cause injury through design flaws or fail to properly give consumers an adequate warning can lead to mass tort. These cases can involve hundreds or thousands of people if a product causes injury to multiple people. But like many aspects in the legal system, mass tort can be confusing to understand. Here is how mass tort breaks down and how to recognize if you have a mass tort case.

The Legal Information Institute defines a tort as “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” A mass tort is a tort that causes injury to numerous people. Tort can be sorted into three different groups; strict liability torts, intentional torts, and negligent torts. Attorneys representing victims who are seeking compensation for allegedly faulty products usually file suit under a strict liability tort, which is similar to products liability.

To help keep better organization of mass tort cases that affect victims all across the United States, the federal court system will sometimes will use multidistrict litigation (MDL). MDL is “a special procedure in which federal civil (noncriminal) cases from around the country is transferred to one court,” according to NOLO. The litigation during the pretrial and discovery process is managed by a single judge. Cases that are not settled or dismissed during this process are sent back to their previous court for trial.

You may not be aware of it but you likely have heard of a MDL case. In October 2019, a trial over who was responsible for the U.S. opioid crisis was averted by MDL. Teva Pharmaceutical, along with drug distributors McKesson, Cardinal Health and AmerisourceBergen, agreed to a $260 million settlement with two Ohio courts, reports NPR.  The defendants were accused of marketing opioid products while downplaying potential overdose risks and addictions. NPR notes the defendants are still responsible for defendants who haven’t settled yet and are part of the MDL.

One ongoing MDL that is drawing attention is 3M and its allegedly faulty earplugs used by military members. According to court documents, the MDL against 3M involves “issues concerning the design, sale and marketing” of its Combat Arms earplugs. The allegations include the earplugs were defective, “causing plaintiffs to develop hearing loss and/or tinnitus.”

Our attorneys at Spencer Law Firm are litigating 3M cases and how veterans all over the country are suffering from hearing loss or phantom sounds from damaging sounds.

The Spencer Law Firm is committed to ensuring victims of Dual-ended Combat Arms earplugs are compensated for their pain and loss. We depended on you to defend our country, now depend on Spencer Law Firm to get the compensation you deserve.  Call Ashley Spencer at (888)237-4529 or visit us at 4635 Southwest Freeway in Houston. We can also be reached at spencer-law.com.

You will not be charged a fee unless a recovery is made for you.