Product Defect and Mass Tort Attorneys
Did you get hurt while using a defective product? Was it because of the manufacturer’s or another party’s negligence? If so, do not hesitate to contact Wallace Miller. You might be entitled to financial compensation for your medical care and other expenses. We could represent you in a mass tort case against the manufacturer and hold them liable for their misconduct.
You have a right to pursue legal action against a manufacturing company that caused your injury. Mass tort cases involve multiple individuals harmed by the same company. Defective products are typically the result of an error during the design, manufacturing, or marketing process. Despite using the product as intended, consumers could get hurt and require treatment to heal.
At Wallace Miller, our product defect and mass tort attorneys believe in representing clients injured by the wrongdoing of others. We have decades of experience handling mass tort lawsuits. When you hire us, we will take care of every legal aspect of your case so you can focus on recovering from your injury. You won’t have to go through this devastating ordeal alone. We will remain by your side in the fight for justice and try to reach your desired outcome.
Call Wallace Miller at (312) 261-6193 today for your free consultation or contact us online.
What Is Mass Tort Litigation?
A tort is an act or omission that injures a person. When someone suffers an injury or illness due to someone else’s negligent act or omission, it is their right to pursue legal action to seek compensation.
Mass tort cases involve an omission or act that causes injuries to a group of individuals. You can combine multiple lawsuits into one legal action against the same defendant.
The compensation awarded in a mass tort case isn’t the same for each plaintiff. The court will determine the amount of money each plaintiff is entitled to based on the unique circumstances of their case.
Although many people use the terms “class action” and “mass tort” interchangeably, they differ in multiple ways. Both types of cases have the same goal of compensating the injured plaintiffs. However, there are several significant differences.
Pursuing a class-action lawsuit requires these factors:
- One or a few people are the representatives of a class of people with the same or similar injuries
- The representative represents every class member’s interests
- The lawsuit must consist of enough plaintiffs to pursue the case in one legal action instead of individually
- The circumstances of the illness or injury must involve a common question of fact or law
Mass tort lawsuits must meet these requirements:
- Numerous plaintiffs have a common claim against the same defendant
- The plaintiffs can be from various geographical areas
- Each plaintiff’s injury can differ but must be caused by similar circumstances
In a mass tort case, all plaintiffs can work together on similar elements that apply to everyone. However, if any aspect of someone’s individual case differs from the rest, such as the severity of their injury, they can work on that part separately.
Common Types of Product Defects
Product liability is an area of law that holds manufacturers and sellers liable for supplying the public with defective products. Three main types of defects can injure consumers:
- Design defect – A design defect is an error in the product’s design that makes it inherently unsafe to use. This type of defect can result in an entire line of dangerous products ending up on the market.
- Manufacturing defect – Manufacturing defects occur during the manufacturing process. Despite using a safe design, an error made while manufacturing the product makes it dangerous for consumers.
- Failure to warn – A marketing defect happens when the manufacturer doesn’t include instructions on how to use the product correctly or warning labels to notify consumers of the risks.
You must prove that the product contains a defect and contributed to your injury to pursue compensation. One of the product defect and mass tort attorneys from Wallace Miller can review the circumstances of your case and advise whether we can represent you in a mass tort lawsuit against the manufacturer.
Common Types of Mass Tort Lawsuits
Various situations can lead to a group of individuals’ illnesses or injuries. Mass tort cases typically involve defects in products that injure multiple people around the country. Every person negatively affected by the defective product can join one single mass tort lawsuit to bring before a judge to hold the manufacturer liable.
At Wallace Miller, we know how to handle various types of mass tort cases involving defective products, such as:
- Tenofovir disoproxil fumarate (TDF) – According to multiple claims, the manufacturer, Gilead Sciences, knew about the risk of bone injuries and kidney disease from taking the HIV/AIDS drug.
- Elmiron – Studies have shown a risk of developing pigmentary maculopathy and other vision-related issues from prolonged use of Elmiron.
- Zantac – Zantac and the generic version ranitidine contain N-Nitrosodimethylamine (NDMA), a probable human carcinogen that can cause various types of cancer and severe medical conditions.
- Vaginal mesh – Infections, bleeding, and vessel, bladder, or bowel perforation are common adverse effects of the defective mesh product.
- Paragard – The popular IUD is effective in preventing pregnancy. However, the device can break during removal or insertion and cause injuries, such as perforated uterus or cervix, scarring, and infertility.
- Exactech – The degrading materials found in the manufacturer’s hip, knee, and ankle replacement devices can lead to complications that require revision surgeries.
- Paraquat – The Environmental Protection Agency classified the popular herbicide for restricted use. Only licensed applicators can apply paraquat due to the risk of developing Parkinson’s disease after frequent exposure.
- Baby Formula – Premature babies are at risk of developing necrotizing enterocolitis (NEC) when fed baby formula made from cow’s milk instead of breast milk. NEC is a serious intestinal disease that can cause abdominal infections, developmental issues, and intestinal stricture.
- Roundup – The International Agency for Research on Cancer found an increased risk of cancer from regular exposure to the toxic chemicals in Roundup.
- 3M earplugs – Military members rely on 3M earplugs during combat and training. Unfortunately, the device can loosen in the wearer’s ears and result in hearing-related medical problems.
- Talcum powder – Asbestos contamination can occur in products that contain talc, such as talcum powder. Asbestos is a known carcinogen, and consistent exposure can cause uterine cancer, cervical cancer, and other forms of cancer in women.
- Chemical pollution/spills – When companies dump their waste in such a way that the chemicals leak from waste dumps and containers or find their way into the water supply, people can develop all manner of illnesses. Perfluorooctanoic acid (PFOA) or perfluorinated chemicals (PFC), among others, may cause cancer, thyroid disease, and weakened immune systems.
- Asbestos exposure – If you worked in an industry that required constant exposure to asbestos, such as construction or remodeling work, and developed mesothelioma or another disease as a result, you could qualify for a mass tort lawsuit.
If you or someone you know suffered an injury or illness due to a defective product, contact Wallace Miller immediately. You can speak with us about your situation and learn whether you’re eligible to join a mass tort lawsuit.
Compensation in a Mass Tort Case
The amount of money you receive for your injury will depend on a range of factors, including the severity of your injury and the total cost of medical treatment. Wallace Miller can’t predict the exact number you can expect to win from a mass tort lawsuit, but we will assess the value of your case and attempt to secure the maximum compensation you deserve.
The compensation you receive might compensate you for various losses, such as:
- Pain and suffering
- Medical bills
- Out-of-pocket expenses
- Loss of enjoyment of life
- Disfigurement and scarring
- Emotional distress
- Lost wages
- Lost earning capacity
You might also be able to recover punitive or exemplary damages. This type of financial award punishes the defendant for their misconduct. However, you must have proof of the defendant’s reckless or egregious actions for a jury to make an award of this type to you.
You must follow a specific timeframe to file a mass tort lawsuit. Every state has its own statute of limitations for product liability cases. The statute of limitations imposes the timeframe you have from the date of your injury to file your lawsuit. If the statutory period passes and you fail to file a lawsuit during that time, you could lose your right to seek compensation from the manufacturer through the court system.
Wallace Miller believes in representing people suffering from the negligence of others. We take pride in the legal representation and services we offer clients throughout the country. You can depend on our product defect and mass tort attorneys to provide the personalized attention you need and deserve. We will work hard to meet your needs and protect your rights during the mass tort case.
Legal proceedings can be complex. Most people don’t know how to handle the various steps involved in pursuing a case. When you hire us, we will happily take on the responsibility and complete every step on your behalf. You should take the time to attend your doctor’s appointments so you can manage your symptoms and heal your injuries. You won’t have to worry about the burdens of preparing a legal case with us by your side.
Wallace Miller understands how traumatic this experience is for you. You trusted the manufacturer to provide a safe product that wouldn’t harm you. Unfortunately, a defect led to your injury or illness, and now you face a range of complications. One important issue might be your medical bills and other expenses. We know you might worry about whether you can afford the costs and legal fees associated with filing a lawsuit.
We take cases on contingency, so you’re not responsible for upfront fees or costs. We don’t collect any of our legal fees unless we secure compensation for our clients. If we lose your case, you don’t have to pay.
If you sustained an injury while using a defective product, call Wallace Miller at (312) 261-6193 for your free consultation. Let one of our dedicated and trusted product defect and mass tort attorneys represent you against the negligent manufacturer and seek the justice you deserve.