Suffering an injury or illness due to a defective product, dangerous drug, or toxic exposure can be a life-altering experience. But depending on your situation, you may recover compensation for your suffering through a mass tort claim in Virginia.
Those who have been hurt need a compassionate and experienced Virginia mass tort lawyer on their side. If you have been injured, attorneys can explain your options for joining a mass tort case in Virginia and represent you throughout the claims process.
At Allen & Allen, our Virginia personal injury attorneys are committed to making your fight our fight and helping you navigate the complexities of mass tort litigation. Our firm has a legacy of success for over 110 years, and our decades of collective experience in handling complex mass torts will lift the burden off of you and allow you to focus on what’s important: healing.
Virginia Mass Tort
- What is a mass tort?
- Examples of national mass torts
- How much compensation can I get from a mass tort claim?
- Frequently asked questions about Virginia mass tort claims
What is a Mass Tort?
Attorneys (from left) Derrick Walker, Jason Konvicka, and James Kessel
A mass tort is a type of civil litigation that involves numerous plaintiffs who have suffered similar injuries or illnesses due to a common cause. This can be from, a defective product, dangerous drug, or toxic exposure. These cases often involve large corporations or entities whose negligence or misconduct has harmed a significant number of people.
Courts consolidate many mass tort cases into Multi-District Litigation (MDL).
What is an MDL?
An MDL is a federal legal procedure designed to streamline the process when multiple lawsuits are filed in different jurisdictions. The involve similar allegations against a common defendant. The cases transfer to a single federal court for pre-trial proceedings, to keep the process as streamlined as possible. This includes discovery (the research phase) and motions (where parties can make requests to the judge).
Examples of National Mass Torts
Some of the most well-known national mass torts include:
- Camp Lejeune water contamination: From 1953 to 1987, the water supply at the Camp Lejeune military base in North Carolina was contaminated with toxic chemicals, exposing thousands of veterans, their families, and civilian workers to serious health risks.
- Roundup Weed Killer: Glyphosate, the active ingredient in Roundup, has been linked to an increased risk of non-Hodgkin’s lymphoma and other cancers.
- Talcum powder: Long-term use of talcum powder products, such as Johnson & Johnson’s Baby Powder, has been associated with an increased risk of ovarian cancer and mesothelioma.
Zantac (ranitidine): The heartburn medication Zantac and its generic equivalents have been found to contain N-nitrosodimethylamine (NDMA), a probable human carcinogen.- Hernia mesh: Certain hernia mesh products, such as Ethicon’s Physiomesh and Atrium’s C-QUR, have been associated with high failure rates and serious complications, including infection, adhesions, and bowel obstruction. Thousands of patients have filed lawsuits against the manufacturers.
- 3M Combat Arms earplugs: 3M’s Combat Arms Earplugs, which were used by the U.S. military between 2003 and 2015, were found to be defective and caused hearing loss, tinnitus, and other hearing-related problems among veterans. Hundreds of thousands of lawsuits have been filed against 3M.
- IVC filters: Inferior Vena Cava (IVC) filters, designed to prevent blood clots from reaching the lungs, have been associated with fractures, migrations, and other complications. Lawsuits have been filed against manufacturers such as C.R. Bard and Cook Medical.
- Transvaginal mesh: Transvaginal mesh products, used to treat pelvic organ prolapse and stress urinary incontinence, have caused severe complications in many women, including chronic pain, infections, and organ perforation. Thousands of lawsuits have been filed against mesh manufacturers.
- Essure birth control: Bayer’s Essure permanent birth control device has been linked to serious side effects, including chronic pain, organ perforation, and allergic reactions. Thousands of women have filed lawsuits against Bayer, leading to the product’s withdrawal from the market.
How Much Compensation Can I Get From a Mass Tort Claim?
The amount of compensation you can receive from a mass tort claim varies depending on:
- The severity of your injury or illness. Generally, more severe injuries or illnesses that have a significant impact on your life will result in higher compensation amounts.
- The extent of your medical expenses will play a significant role in determining your compensation.
- If your injury or illness has caused you to miss work or has diminished your future earning potential, your attorney can take this into account when calculating your compensation.
- The physical pain and emotional distress you have experienced will also be considered when determining your compensation amount.
- The strength of the evidence linking your injury or illness to the defective product, dangerous drug, or toxic exposure can impact your compensation. Cases with strong, well-documented evidence tend to result in higher settlements or verdicts.
- Some mass torts may have global settlements or jury verdicts that establish a range of compensation for plaintiffs. However, even within these ranges, individual factors will still affect the specific amount each plaintiff receives.
- The laws and precedents of the jurisdiction where your case is filed, as well as the specific court or judge assigned to your case, can influence the potential compensation.
Because of these variables, we cannot provide an exact compensation amount without reviewing your case. However, our experienced Virginia mass tort lawyers at Allen & Allen will thoroughly evaluate your claim and fight to maximize your compensation, based on your unique circumstances.
In some mass tort cases, settlements or jury verdicts have reached into the millions of dollars for individual plaintiffs. For example, in the Roundup litigation, some plaintiffs recovered tens of millions of dollars in damages. However, these high-profile cases do not guarantee a specific outcome for your case.
When you work with Allen & Allen, you can trust that we will provide an honest assessment of your case and work diligently to secure the compensation you deserve.
Frequently Asked Questions About Virginia Mass Tort Claims
What is the difference between a mass tort and a class action lawsuit?
While both mass torts and class actions involve multiple plaintiffs, there are key differences. In a class action, the plaintiffs are treated as a single entity, and the outcome applies to all members of the class. In a mass tort, each plaintiff
‘s case is handled individually, allowing for personalized attention and unique outcomes based on the specific circumstances of each case.
How long does a mass tort case typically take to resolve?
The timeline for a mass tort case can vary significantly depending on the complexity of the litigation and the number of plaintiffs involved. Your Allen & Allen attorney will provide you with a more specific estimate based on the details of your case.
What if I can’t afford to hire a mass tort lawyer?
At Allen & Allen, we understand the financial strain that an injury or illness can place on a family. That’s why we offer a contingency fee arrangement for our mass tort clients. Under this arrangement, you won’t owe us any legal fees unless we successfully recover compensation on your behalf. This allows you to pursue justice without the burden of upfront legal costs.
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