When a group of individuals (claimants) encounter a similar harmful experience that was the result of the actions of the same entity (defendant), this can result in either a mass tort case or a class action lawsuit. Both of these legal actions are designed to assist legal counsel with representing these individuals by grouping their cases together in the pre-trial proceedings; however, once this is accomplished in a mass tort case, each claimant’s case is handled individually (as opposed to one large settlement in a class action case).
In this two-part article, we will discuss some of the most common types of mass tort cases. In this section, we will focus on pharmaceutical cases. In the next section, we will focus on several other types of mass tort cases. Remember, at Synergy Settlement Services, we assist trial lawyers in both class action and mass tort cases by handling many of the comprehensive settlement-related tasks like lien resolution.
Unfortunately, there are thousands of people annually who are prescribed pharmaceutical drugs that result in an injury, illness, or death. When a medical mistake is made that impacts several people in a similar way, this can result in a lawsuit against either the drug manufacturer, a drug testing lab, the doctor that prescribed the drug, or a pharmacy or clinic. As reactions to a defective drug may vary, a mass tort case can consolidate the pre-trial proceedings and address the damages of each claimant individually.
Common Reasons for a Pharmaceutical Lawsuit
Here are some common reasons for mass tort pharmaceutical lawsuits:
- Defective Drug: If a manufactured drug has some type of defect, this can result in a mass tort case. For example, the wrong ingredient could have been added in the manufacturing process or the drug was not properly handled during the shipment process.
- Unknown Side Effects: A pharmaceutical company may release a drug that has side effects that can result in injury or illness. In some cases, the drug may be on the market for over a decade; however, side effects occur. In these cases, the pharmaceutical company may have deliberately withheld valuable information about potential risks of the drug.
- Poor Marketing: The manufacturer is legally responsible for ensuring that the way the drug is marketed is correct. If the drug does not feature accurate warnings, is improperly labeled, lacks sufficient directions, or the marketing tactics related to the drug are misleading, this can lead to a mass tort case.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.