Charleston Mass Tort Lawsuit Lawyer
Most personal injury claims, such as car wreck claims, involve one victim, or at most a handful of victims. Mass tort cases are different. Each one of these claims could involve thousands or even millions of victims. Due to the size and scope of these cases, they are very complex. Additionally, before the claim even goes to court, attorneys have several legal options.
At the Gus Anastopoulo Law Firm, our experienced Charleston mass tort lawsuit lawyers have successfully handled many of these claims over the years. So we have developed proven methods which ensure maximum compensation for seriously-injured victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are normally available in mass tort claims as well.
Types of Mass Tort Claims
Dangerous pharmaceuticals, such as drugs and medical devices, and environmental poisoning are the most common types of mass tort claims.
Drug, device, and other dangerous pharmaceutical claims usually involve a product defect. Metal-on-Metal hip implants illustrate the two most common types of product defects.
- Design Defect: MoM artificial hips have all-metal parts. Since the hip is a cup and socket joint, every time the victim steps, the friction releases microscopic metal fragments into the body. Usually within four or five years, these particles accumulate, causing organ damage and/or device failure.
- Manufacturing Defect: To maximize profits and reduce costs, some MoM hip makers used cheap imported parts from China and other overseas countries. These components are often not strong enough to withstand extensive wear and tear. Other parts have high levels of cadmium, mercury, and other dangerous heavy metals.
Frequently, companies know about the increased risk of injury. But they consider the increased risk statistically insignificant. So, they do not add the risk to the warning label. Failure to warn is an independent basis for liability.
Environmental poisoning claims usually involve toxic or hazardous waste discharge. PFOA (Perfluorooctanoic acid) groundwater poisoning is a good example. Some chemical companies used PFOA in stain-resistant carpet, no-stick cookware, and other consumer products. Airports and Air Force bases used PFOA-laced foam to fight large scale fires. This chemical has been linked to a number of very serious illnesses.
Manufacturers are strictly liable for most environmental poisoning and other mass tort claims. So, a Charleston mass tort lawsuit lawyer must only establish cause.
Procedural Issues
Since there are so many victims in these cases, federal courts usually consolidate these claims for pretrial purposes. A single court master, who usually has some experience in the assigned mass tort cases, oversees procedural motions, discovery, and other pretrial matters. Then, if the case does not settle, it returns to its home jurisdiction for trial.
The Multi-District Litigation process has a number of benefits for victims. These plaintiffs may pool their resources, so it is easier to take on big chemical companies and other large defendants. Furthermore, once one claim settles favorably, it often triggers a domino effect. Other claims usually settle favorably as well.
MDL claims require highly experienced lawyers with vast resources. Procedural and evidentiary rules are often different in different courts. Furthermore, large defendants usually employ delay tactics, hoping to force resource-strapped plaintiffs into unfavorable settlements.
Contact an Experienced Charleston County Mass Tort Lawyer
All injury victims are entitled to fair compensation for their serious wounds. For a free consultation with an experienced Charleston mass tort lawsuit lawyer, contact the Gus Anastopoulo Law Firm. We do not charge upfront legal fees in these matters.
