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Cincinnati Mass Tort Lawyer
Experienced Mass Tort Attorneys in Ohio and Northern Kentucky
When a dangerous product affects hundreds of people spread out over many states, it may take form as a mass tort case, which is then resolved through a process known as multidistrict litigation (MDL). Mass tort claims and multidistrict litigation can be extremely complex cases and should only be handled by a competent law firm with plenty of experience and resources.
Fortunately, at TLF: The Medical Injury Law Firm, our Northern Kentucky and Cincinnati product liability lawyers have years of experience handling MDL and mass tort cases and are able to skillfully assist clients in their pursuit of maximum compensation. Our litigators have successfully represented clients in a broad range of mass tort claims in both state and federal courts and would be happy to take on your case, too.
If you or a loved one has been injured due to the negligence of a large company or entity and are curious about your rights to compensation through mass tort litigation, our experienced Kentucky and Ohio attorneys are here to help you understand your legal options. Contact us via our online intake form or by phone at (800) 698-4054 to arrange a free initial consultation today.
What is a Mass Tort Lawsuit?
The word “tort” is simply a general legal term for any wrongful conduct that results in injury. Some torts are unintentional, while others are deliberate. In any situation, the affected victims have the right to initiate a civil action to seek redress for their losses. With that in mind, a mass tort is a single unlawful act that harms a large number of individuals. These persons who have been harmed by an action or product can join forces in a single mass tort case to seek justice for their injuries from one or more defendants, which are typically large companies or corporations. Mass tort claims may arise from anything from a toxic tort to consumer fraud to product liability litigation, such as dangerous drugs or defective products. The claims are consolidated in a single court to streamline the process, but each plaintiff’s case is treated separately when it comes to proving damages and obtaining compensation. This helps ensure that the voices of many harmed individuals who have been adversely affected by similar wrongful actions can be heard, while still recognizing the circumstances of each unique case.Mass Torts vs. Multi-District Litigation
Mass torts and multi-district litigation (MDL) are typically used interchangeably, but they differ in a few key ways. A mass tort simply refers to the type of damage/injury/illness that a large number of people suffered from using or consuming the same product. When these cases arise, the plaintiffs may join efforts and streamline their claims by consolidating their cases into one MDL case. Multi-district litigation is a procedure where similar cases filed across different district courts are transferred to a single district court for pre-trial proceedings. The goal of MDL is to streamline complex mass tort litigation, making it more efficient by handling common issues collectively, such as discovery and preliminary rulings, before sending the cases back to their original courts for trial.
What is the Difference Between Class Action Lawsuits and Mass Tort Cases?
Mass torts and class actions are similar in nature, but they are not one and the same. They are similar in that several people were harmed, either physically, financially, or both, and are taking legal action against the same liable party. They also both consolidate multiple individual lawsuits into a single lawsuit. What makes a class action case different from a mass tort case is essentially the way in which the case is presented in regard to the plaintiffs. In a mass tort lawsuit, each plaintiff is considered an individual, and each must establish the facts of his or her claim as well as demonstrate how he or she was harmed as a result of the defendant’s negligence. Class action lawsuits, on the other hand, do not treat the plaintiffs on an individual basis but rather as a whole. The “class” is considered as if it were a single plaintiff with a single lawyer, whether it is one attorney or an entire legal team. This means that the entire class of plaintiffs must make one solid case rather than multiple individual ones. It also means that in class actions, settlements or compensation are typically distributed collectively to all class members from a single settlement fund, often with predetermined amounts based on common criteria. In mass torts, however, each plaintiff’s compensation is handled individually and should reflect the unique injuries and damages of their specific case.
Mass Tort Examples
There are plenty of mass tort and class action lawsuits out there, including those involving defective medical devices, dangerous drugs, malfunctioning machines and equipment, and more. Below, we’ll provide a list of some of the mass tort cases we’ve seen here at TLF.
Dangerous Drugs Lawsuits
If you or a loved one have been harmed by a dangerous or defective drug, a Covington or Cincinnati dangerous drug attorney at our law firm can help. We are dedicated to representing victims in mass tort lawsuits against pharmaceutical companies that produce harmful medications that lead to injuries and suffering among consumers.
Ozempic MDL
Ozempic is a prescription medication used primarily to manage type 2 diabetes and assist with weight loss. Recently, there has been a surge in Ozempic lawsuit filings, where individuals are suing due to serious side effects such as thyroid cancer, pancreatitis, stomach paralysis, and kidney issues that they allege were caused by the drug. These lawsuits claim that the manufacturer failed to adequately warn users about the potential risks associated with the medication.
Testosterone Therapy Lawsuit
If someone suffers from low testosterone levels, a doctor may prescribe testosterone. However, this type of pharmaceutical therapy has recently been shown to have the potential for causing devastating side effects, including heart attacks, strokes, and pulmonary embolism.
Zantac Lawsuit
The drug Zantac has led to a significant number of personal injury claims after it was discovered to contain high levels of a potentially cancer-causing substance called N-nitrosodimethylamine (NDMA). Plaintiffs across the country have alleged that long-term use of Zantac caused them to develop various forms of cancer, leading to widespread litigation against its manufacturers.
Abilify Lawsuit
Abilify is an antipsychotic drug that is used to treat schizophrenia, bipolar disorder, and depression by regulating the levels of dopamine and serotonin in the brain. However, Abilify has been associated with individuals developing compulsive behaviors such as spending, gambling, drinking, and overeating.
Essure Lawsuit
Essure is a permanent birth control (hysteroscopic sterilization) procedure in which small coils are inserted into the fallopian tubes. Many women have suffered chronic pelvic pain, bleeding, have had internal organs perforated, and have developed severe migraines and allergic reactions to the Essure device or its components. There have also been deaths and ectopic pregnancies associated with the implantation of Essure.
Proton Pump Inhibitor Drug Lawsuit
“PPI” drugs sold over-the-counter – including Nexium, Prilosec, and Prevacid – are prescribed for things like heartburn, gastroesophageal reflux disease (GERD), and erosive esophagitis and have been shown to cause injuries when used long-term. Over time, PPI drugs are shown to cause individuals to develop chronic kidney disease (CKD), end-stage renal failure (ESRD), dementia, heart attacks, and bone fractures.
Yaz Lawsuit
This prescription medication is used as a contraceptive to prevent pregnancy in women as well as to treat premenstrual dysphoric disorder (PMDD) and symptoms of acne. However, the side effects of Yaz can be very dangerous. After taking this medication, women have experienced complications such as pulmonary embolism, deep vein thrombosis, and blood clots that can eventually lead to stroke and/or heart attack.
Medical Device Malfunction Lawsuits
Malfunctioning or harmful medical devices are also common when it comes to product liability litigation. The defective medical device attorneys at TLF are committed to advocating for victims who have been injured by unsafe medical products like the ones listed below.
Hernia Mesh
Hernia mesh implants, a device used in surgical procedures to repair hernias, have led to a number of mass tort lawsuits due to complications and injuries suffered by patients post-surgery. Many individuals have experienced severe issues such as chronic pain, infection, mesh migration, and organ perforation, which they attribute to defective mesh products.
Cardiac Catheter Lawsuit
These devices are used during cardiac ablations as well as other cardiac procedures. Unfortunately, many individuals have been injured by catheters and suffered perforations, bleeding, and swelling or fluid around the heart after their use. When not properly measured, the electricity in these devices can cause holes or perforations in cardiac vessels and surrounding organs.
da Vinci Robotic Surgical System Lawsuit
To assist surgeons and to provide what has been reported as a “safer” way of performing surgery, many hospitals have taken to the da Vinci Robotic Surgical System. However, numerous injuries and deaths have been linked to its usage. Our firm is on the cutting edge of litigation in this area and is a founding member of the da Vinci Robotic Surgery Litigation Group of the American Association for Justice.
Duodenoscope Lawsuit
Duodenoscopes are flexible tubes inserted through the mouth, throat, and stomach and into the top of the small intestines (duodenum). The scopes are used during endoscopic retrograde cholangiopancreatography (ERCP) to diagnose and treat problems with the pancreas and bile ducts. Unfortunately, a number of duodenoscope lawsuits have come forward alleging that there have been bacterial infections associated with their use and have not been properly cleaned during the reprocessing of the devices.
Inferior Vena Cava Filter Lawsuit
Otherwise known as an “IVC Filter,” this is a small, metal, cage-shaped device that is implanted into the inferior vena cava just below the kidneys. The IVC Filter is designed to be a removable device that captures blood clots and prevents them from reaching the lungs, though it has been found that these filters tend to migrate and cause injuries to other bodily vessels. In other instances, the IVC Filters cannot be removed and cause further injuries to internal organs. As a result, many individuals have experienced injuries or wrongful death.
Power Morcellators Lawsuit
There have been several concerns and recent recalls regarding power morcellators, which are devices are used in gynecological surgeries to cut up tumors, organs, and other tissue into small pieces so they can be removed without the patient having to endure a large abdominal incision. Unfortunately, an increase in cancers has been seen after these procedures, as the devices spread small, previously undetected cancerous cells during the procedure. The Food and Drug Administration (FDA) is recommending that the use of power morcellators be suspended until more research is done. However, individuals who are already suffering from cancer due to these devices need to seek legal representation ASAP.
*An updated safety communication has been issued for laparoscopic uterine power morcellation in hysterectomy and myomectomy.
Talc Powder Lawsuit
You may know Talc Powder better as Johnson’s Baby Powder or Shower to Shower. This powder has been linked to ovarian cancer, leading to the death of many women in the United States. If you or your loved one has developed ovarian cancer, you may have a claim against Johnson and Johnson.
Other Types of Mass Torts
Mass torts don’t only come in the form of defective medical devices and dangerous drugs. There are a number of other common mass tort cases across a variety of industries, from cellular companies to large automobile manufacturers and beyond.
- AT&T Billing Lawsuit – There has been an alarming number of instances in which cellphone plan holders have been drastically overbilled over a certain period of time. Allegations against AT&T include cramming (adding fees that customers never ordered or knew about), overcharging, and other billing problems.
- Defective Automobile Lawsuits –There seems to be an increasing number of automobile manufacturers failing to adhere to safety protocols as established within the United States. Our firm has handled cases involving the Volkswagen Diesel emissions, seat belt failures, and the failure of airbags to deploy.
- Takata Airbag Recall – More than 17 million vehicles made by fourteen different automakers have been subjected to the recall of Takata airbags (installed from 2002 through 2015) in the driver’s side or front passenger’s side after being shown to explode and cause serious injury, and in some cases, even death. The National Highway Traffic Safety Administration has called this “the largest and most complex safety recall in U.S. History.”
- Data and Security Breach Lawsuits – Several data and security breaches have occurred as a result of deficient safeguards and protocols in place by corporate America and insurance companies.
- Lumber Liquidators Lawsuit – Chinese wood flooring sold by Lumber Liquidators has emitted excessive levels of cancer-causing formaldehyde.
- Roundup Lawsuit – Thousands of plaintiffs allege that exposure to the weed killer Roundup, containing the herbicide glyphosate, has led to the development of cancer, particularly non-Hodgkin lymphoma.
How To Qualify for Mass Tort Claims
In order to qualify for mass tort claims, individuals must meet certain criteria, including demonstrating that they have suffered harm or injury as a result of the defendant’s actions or products, such as exposure to a defective medical device or harmful pharmaceutical drug. Additionally, individuals may need to show that their situation aligns with the allegations and legal theories presented in the mass tort product liability litigation.
The best way to determine if you qualify for a mass tort claim (and what the next appropriate legal course of action will be) is to consult with an experienced law firm with a successful track record in handling such cases. Call the experienced Cincinnati and Covington injury lawyers at TLF today for a free consultation regarding your potential claim.
How Long Do Mass Tort Cases Take?
Mass tort cases are typically very complex claims and can take over a year, even multiple years, to resolve. This is because there are numerous variables that can affect the amount of time it takes to recover compensation in one of these cases. These factors may include:
- The number of plaintiffs involved
- Whether the product in question requires expert testimony
- The severity of the injuries
- Whether the injuries in question require medical validation
- The cooperation of the defendant to reach a fair settlement
- Whether attorneys must travel to conduct their investigations, collect evidence, and speak with key witnesses
The Role of an Attorney in Mass Tort Litigation
When it comes to complex commercial litigation such as mass tort cases, the importance of having an experienced team of lawyers on your side cannot be understated. At TLF, our Kentucky and Ohio lawyers play a crucial role in representing plaintiffs who have suffered harm from defective products or other wrongful actions.
Our legal team, composed of experienced lead trial counsel, registered nurses, law clerks, paralegals, and more, has the skill, resources, and knowledge to try even the most complex mass tort cases. We work tirelessly to protect the rights of our clients, advocating for fair compensation and holding the responsible parties legally and financially accountable.
What is the Average Compensation for Mass Tort Cases?
As each claim in a mass tort MDL case is assessed as a separate personal injury lawsuit, the amount of money awarded to each plaintiff can differ greatly. This can be beneficial for groups of people who have comparable claims against the same defendant but have incurred distinct losses.
The goal of these claims is to enable each plaintiff to seek and receive compensation that is proportional to his or her losses and injuries. This means that a plaintiff who sustains hundreds of thousands of dollars in medical costs will be appropriately compensated for those losses, while a plaintiff with only a few thousand dollars in medical bills is also fairly compensated.
Call Our Northern Kentucky and Cincinnati Personal Injury and Product Liability Litigation Law Firm for a Free Consultation
When you suffer harm at the hands of a large corporation or company, you want to equip yourself with the best lawyers for the job. At TLF: The Medical Injury Law Firm, our Ohio and Kentucky product liability lawyers have extensive experience handling a variety of mass tort claims in both state and federal courts.
Our attorneys are admitted to both the Ohio and Kentucky Bar Association, with experience handling cases throughout the Western and Eastern District of Kentucky and the Southern District of Ohio. Our team also comprises members admitted to the U.S. Supreme Court Bar as well as the U.S. Court of Appeals Sixth Circuit. This means we have the ability and experience to handle a number of cases across Kentucky and Ohio as well as federal cases across the United States.
If you or someone you love had been harmed by a product, device, or medication and you think you might qualify for a mass tort/multi-district litigation case, call TLF today to learn more about your legal options. We’re ready to protect your rights and interests while fighting for maximum compensation on your behalf. You can reach us by calling our Covington, KY office at (859) 578-9130, our Cincinnati, OH office at (513) 651-4130, or toll-free at (800) 698-4054. You can also reach out online to schedule your free consultation today!
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We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.