There have been numerous instances over the years where a company or institution has hurt a large number of people with something that they have put on the market. Some examples of this include the fen-phen lawsuits of the late 1990s and early 2000s, the huge cigarette/tobacco industry settlement, and lawsuits filed over the Firestone tire explosions.
When a large number of plaintiffs are hurt, they will frequently go into a lawsuit together. This is particularly true when the people hurt have very similar cases. When a list of plaintiffs gets extremely long, it is called a mass tort lawsuit.
A mass tort lawsuit is a civil action that involves numerous plaintiffs who are all fighting one or a few corporate defendants. This type of action can be performed in either federal or state court. As the name implies, mass tort includes numerous plaintiffs. Law firms frequently use mass media outlets to reach possible plaintiffs. This type of tort can include disaster torts, mass toxic torts, and product liability torts.
Mass tort litigation is a relatively new area of law. It is a complex and demanding area of law. One of the most difficult parts of mass tort litigation is determining just who is at fault and how much fault there is. There are a number of fields where a person might become part of a mass tort procedure. These include product liability, such as for breast implants or tobacco; large business antitrust claims, like price fixing; and large scale, “man-made” disasters like airplane crashes and chemical plant explosions.
Once a person has established a mass tort claim, the procedure is similar to a regular personal injury, or tort, lawsuit. It is a civil procedure which means that a person needs to have a cause of action. While there are very similar to regular tort proceedings, there are some significant differences between regular tort and mass tort proceedings.
Mass torts are different in that they involve large numbers of claims associated with a single product. A second difference is that despite the number of claimants there is a commonality of factual and legal issues. This means that the individuals serving as plaintiffs have very similar facts in their cases and don’t have differing legal issues. The final difference is that the claims have a value interdependence. This means that for the claims to be serious, they have a dependence on the other claims.
For more information on mass tort claims, please visit http://www.medtroniclawsuitattorney.com.
Source by Joseph Devine