We Are Attorneys Holding Manufacturers Accountable For Dangerous And Defective Pharmaceutical Drugs And Medical Devices
How Mass Tort Litigation Differs From Class-Action Lawsuits
We represent individual clients in “mass tort” litigations against drug and medical device companies, as well as against big corporations that cause injury through chemicals in our air, land and water. Most people are familiar with the term “class-action lawsuit,” and they incorrectly believe that a mass tort action is the same thing. This is understandable since they share some similarities. However, it is important to note how they differ.
A mass tort litigation occurs when many attorneys and firms file multiple lawsuits (on behalf of individual plaintiffs) against the same defendant for claims that are similar in nature. These cases are then consolidated – or grouped together – during the pretrial process where the defendant company is investigated and where legal issues are sorted out. However, because these claims typically deal with personal injuries and every client’s health history and injuries are different, each plaintiff has her or her own case to pursue, and trial, if necessary, is tackled on a case-by-case basis as well. Each plaintiff has more control over decisions in the case, but all of the attorneys’ preparation and research into the shared/similar claim streamlines and strengthens all other claims against the defendant.
By contrast, in a class-action lawsuit, a group of plaintiffs with substantially similar claims come together in one lawsuit against the party that caused their similar harm, and representative plaintiffs bring the case for everyone else. There is legal strength in numbers, but class actions can also be limiting. The harms that each client suffered must be very similar to those of other plaintiffs in order to qualify, and no single plaintiff has very much input about how the case is resolved.
Examples Of Our Advocacy In Mass Tort Litigation
Our lawyers have been deeply involved in mass torts related to dangerous and defective drugs, medical devices, chemicals and consumer products. Here are just a few examples:
- Tylenol/Acetaminophen – Studies have shown that women taking acetaminophen during pregnancy have an increased risk of giving birth to children with autism spectrum disorders and/or ADHD.
- Exactech Knees – an artificial knee replacement product that may result in premature device failure because of a manufacturing defect.
- Roundup weed killer – This widely used herbicide has been linked to deadly forms of cancer in people who were regularly exposed to it, typically while applying it to crops and other vegetation.
- Pradaxa – an anticoagulant medication that can lead to uncontrolled bleeding and, in some cases, death.
- Xarelto – an anticoagulant medication that can lead to uncontrolled bleeding and, in some cases, death.
- Zyprexa – an antidepressant medication that can lead to diabetes, serious health consequences and, in some cases, death.
- Trasylol – a procoagulant medication that can lead to kidney failure, and in some cases, death.
- The HeartWare Ventricular Assist Device (HVAD) – a medical device to keep the heart pumping blood for patients in need of a heart transplant. The devices, made by Medtronic, were recalled in 2021 due to problems that can lead to heart attack, stroke and death.
- Zimmer hip implants – An artificial hip replacement with an unacceptably high rate of failure, leading to serious pain and the need for additional surgeries for hundreds of patients.
Cases alleging pharmaceutical liability and medical device product liability require in-depth research, consultation with scientists and medical experts and the tenacity to take on high-profile and well-funded corporations. Our attorneys fight for everyday Americans who have been seriously harmed (or worse) by the negligent actions of major corporations and other powerful defendants.
It often seems like businesses and corporations have more rights in America than individuals do. Certainly, if you were harmed by the actions of a large corporation, seeking any sort of accountability or compensation may feel next to impossible.
The reassuring news is that you don’t have to fight this battle alone. The mass tort attorneys at Moskow Law Group LLC have the skills, experience and dedication to help you hold product manufacturers liable for the harms they cause. When your concerns have been ignored, we are ready to listen and advocate aggressively on your behalf.
Tell Us Your Story During A Free Consultation
If you believe you suffered injuries or illness because of a dangerous product, contact us to share your story and learn about your legal options during a free initial consultation. To get started, call our office in Fairfield, Connecticut, at 475-259-3806 or submit an online contact form.