Some of the most common mass tort cases that we handle include dangerous drug lawsuits against the manufacturers of drugs like Invokana, SSRI antidepressants, Xarelto, Risperdal, and Zofran, amongst others. We also deal with mass torts involving dangerous or defective medical devices such as IVC filters, metal on metal hip replacements and transvaginal mesh implants. Claims have also been filed against the manufacturers of surgical and medical devices, such as power morcellators.
Mass tort lawyers deal with some unique issues that may not be present in other civil cases such as multi district litigation (MDL) proceedings. For this reason, it’s essential that you turn to an experienced lawyer to handle your case. Based in Orlando, Florida, lawyers with the Law Office of Hogan & Hogan, P.A. believe in putting the client first, as we feel that this brings about smoother, less stressful legal proceedings. Our goal is to help you get the compensation you deserve, helping you overcome some of the financial burden that you’ve incurred as a result of your case.
Contact the Law Office of Hogan & Hogan, P.A.’s Florida lawyers to discuss your case in a free case consultation. Call 407-422-2188.
A Look at the Issues and Common Questions Surrounding Mass Tort Cases
The Orlando lawyers of the Law Office of Hogan & Hogan, P.A. receive many questions and inquiries concerning mass tort cases. In fact, many laymen are unfamiliar with the term “mass torts,” but we believe that understanding these legal terms and the issues surrounding this type of case is essential for maximizing your chances of a stress-free legal process.
What is Multi-district Litigation?
Multi-district litigation or MDL proceedings occur when numerous similar cases are consolidated into a single federal MDL case which is heard by a single judge. The MDL, which can include plaintiffs from many different states, is used to save time and court resources during the discovery and pre-trial process.
Once the common elements of the MDL cases are addressed, the judge will send the cases back to their original jurisdictions, where the case resumes and proceeds as normal. Each case is tried individually, so in this way, it’s different from class action lawsuits.
MDL cases can also include Bellwether trials, which are “sample” cases that are put to trial in order to give both sides a better feeling for the viability of the case. If the Bellwether cases all conclude in favor of the defendants, then the plaintiffs may reconsider their strategies. If the Bellwether cases all conclude in favor of the plaintiffs, then the defendant(s) may consider offering settlements in an attempt to resolve some or all of the MDL cases.
When pursuing a mass tort case, you need an attorney who is experienced in mass tort law and all of the unique proceedings that surround this type of civil action.
How is a Mass Tort Case Different from a Class-action Lawsuit?
Mass tort lawsuits are very different from class-action lawsuits in a few ways. (Although it should be mentioned that class-action suits are a type of mass tort claim.)
In the case of mass tort litigation, each case is tried and decided individually, although with some elements of the legal process, like discovery (which is essentially a process used to provide both sides with a chance to exchange information and evidence), MDL proceedings can be used to handle multiple similar lawsuits at once.
In the case of a class-action lawsuit, there is one single case with numerous plaintiffs who share the same circumstances, injuries and other damages. For example, if a company victimized hundreds or thousands of customers in the exact same way, those customers may have a chance to join a class-action lawsuit. Unfortunately, the amount that the plaintiffs receive is typically much smaller than the amount recovered via a mass tort lawsuit.
Mass tort lawsuits are filed in cases where there is a single defendant that allegedly caused harm or damages to multiple parties. And while all cases may involve the same product or pharmaceutical drug, the exact details of each case are unique. This is different from a class-action suit, where multiple plaintiffs are allegedly harmed in more or less the same manner.
In the case of a mass tort lawsuit, each case remains independent, and each one is tried or settled independently. In the case of a class-action lawsuit, there is just one large, single claim and the outcome of that case impacts all of the claimants.
With a mass tort lawsuit, you must hire an attorney to represent your case, whereas, in the case of a civil action lawsuit, you typically join in as a claimant and you are represented by the law firm that is handling the class-action case.
How Much Will It Cost to Hire a Florida Lawyer to Help with a Mass Tort Case?
The legal fees associated with a mass tort case will vary depending upon factors such as whether the case is settled or litigated in court and how much is recovered for the client.
When serving as your legal counsel in a mass tort case, or a case involving a dangerous medical device, product liability claim, a medical malpractice case, personal injury claim or wrongful death, it is typical for our attorneys to work on a contingency basis. On a contingency basis, the legal fees are deducted at the end from settlements or jury awards.
Trust Our Team of Top Florida Attorneys to File Your Mass Tort Lawsuit
To succeed in your mass tort case, you need a top attorney who is familiar with MDL proceedings and has the experience necessary to get you the compensation you deserve for your losses and damages.
At the Law Office of Hogan & Hogan, P.A., we stand apart from all other mass tort law firms due to our one-of-a-kind “clients first” approach to every case that we accept. We believe in establishing a cooperative relationship with our clients, resulting in an experience that’s less stressful for the client.
If you’ve been harmed by a defective drug or dangerous product, contact a top Orlando mass tort lawyer with the Law Office of Hogan & Hogan, P.A. We’re available to provide you with a free, confidential case consultation. But call today because the law limits the timeframe for filing a legal claim. Call our Central Florida lawyers at 407-422-2188.