When a business entity manufactures a dangerous product or engages in a harmful practice that causes injury to an individual, that individual can sue the business entity. When multiple individuals file lawsuits against an entity involving a common question of law or fact, the courts may consolidate the lawsuits into one action called Mass Tort Litigation.
A Chicago mass tort lawyer from Kaveny + Kroll is experienced in seeking justice and compensation for individuals whose cases have been consolidated into a mass tort. Unlike the individual personal injury or medical malpractice cases we handle, mass torts involve a different level of legal knowledge due to their unique complexity. Call the attorneys at Kaveny + Kroll today for a free, confidential consultation.
Mass Tort or Class Action Lawsuit
Generally, mass tort litigation brings together cases filed in multiple jurisdictions to one central court. Consolidating the cases enables more efficient case management while preserving the distinct identities of the cases and the rights of the separate parties in them.
Most people have heard of class action lawsuits, which also consolidate multiple actions into a single lawsuit, but mass torts are different. In a class action, any settlement of the action is evenly divided between all members of the class, while mass torts allow each plaintiff to seek compensation for their individual injuries. Class action lawsuits put everyone into one class, which can have hundreds or even thousands of claimants. In contrast, everyone involved in a mass tort is treated as an individual and has their own individual claim against the corporation. A mass tort action is useful when the claimants have varying circumstances that are too different from one another to qualify as a class action.
This may seem like a small difference, but it greatly affects how the claimants’ cases are heard in court and how they receive their share of the outcome. Class actions are represented by a class representative, and the other members have no voice in the process or the results. Any settlement or verdict in the class action applies equally to everyone, and the proceeds are evenly divided between all members of the class. Anyone who chooses to opt in to the class is legally bound by the outcome and may not file another claim.
Mass tort litigation, however, involves multiple cases that come together for a single trial, but each case is handled on its individual merits. This allows each plaintiff to seek compensation for their own injuries. Plaintiffs in a mass tort action can show how the corporation’s actions affected them personally, instead of being just another name on the class list.
Each Plaintiff must still prove wrongdoing in their specific case, not just as part of the group, and this is where our seasoned mass tort attorneys in Chicago can help. Our experienced legal team can provide guidance throughout this complex legal process until a fair solution is achieved.
Examples of Mass Torts
Mass torts commonly involve exposure to dangerous or defective consumer products, drugs, medical devices, toxic materials, or natural/man-made disasters. Examples of mass tort litigation include the use of the RoundUp Weedkiller or the heartburn drug Zantac, exposure to Agent Orange or asbestos, and the Boeing 737 MAX airplane crash in Indonesia. By seeking justice from entities that have imperiled consumers, we hold these manufacturers accountable to do better.
The founding attorneys of Chicago-based Kaveny + Kroll have experience representing plaintiffs in mass tort actions against large corporations. Our team is dedicated to fighting for the rights of victims who have been injured by the actions of big companies.
Elizabeth Kaveny currently represents a number of families in a mass tort action against Abbott Laboratories and Mead Johnson. Children born to the parents Beth represents suffered a life-threatening condition called Necrotizing Enterocolitis (“NEC”) after being fed infant formula made by Abbott and Mead Johnson. As part of her representation, Beth was appointed Plaintiffs’ Liaison Counsel by the judge overseeing the Infant Formula Mass Tort Action. As Plaintiffs’ Liaison Counsel, Beth is responsible for maintaining a list of all cases contained within the Multidistrict Litigation, communicating with the judge, and apprising all plaintiffs’ counsel of developments.
Jeffrey Kroll represented several victims who developed related cancers after being exposed to ethylene oxide. “When corporations are not your friend,” said Kroll, “find a good support team to help you because you are going to need it.”
Our Chicago Attorneys Are Prepared to Represent Your Best Interests in a Mass Tort
If you have been hurt by a defective product or other corporate action, you may be able to join a larger movement against the company responsible. Discuss your situation with a Chicago mass tort lawyer at Kaveny + Kroll to learn more about what you can do.
When a large group of people holds a company accountable, it sends a stronger message that its actions are unacceptable. Call Kaveny + Kroll to schedule a free, confidential consultation with one of our capable attorneys.
