A mass tort happens when many people are harmed by the same defendant, allowing their individual cases to be handled together in court. This approach gives strength in numbers while still acknowledging each person’s injuries and circumstances, making it an easier and more effective way to hold large companies accountable for widespread harm.
Meyers & Flowers stands firmly on the side of the injured. Our Chicago defective medical device attorneys have successfully taken on pharmaceutical giants, medical device manufacturers, and more in mass tort litigation, holding them responsible for the harm they’ve caused to communities. If you have been injured in Chicago, you could join others seeking justice—and our firm will always stand by your side. Contact us today.
Why Partner with Meyers & Flowers for Mass Tort Litigation?
- Our attorneys have represented clients in all types of mass tort cases, from dangerous pharmaceutical drugs to defective medical devices. We know how to coordinate multiple claims while effectively presenting each client’s unique story.
- Over the years, we have secured landmark settlements and jury verdicts in mass tort litigation—including $3 billion for victims of a defective hip implant, one of the largest global medical device settlements ever won.
- You deserve access to legal representation without worrying about how you are going to cover the costs. Meyers & Flowers works on a contingency fee basis; you do not pay any fees unless we recover compensation for you.
Common Types of Mass Tort Cases
Mass tort litigation comes in many different forms, often involving defective products, corporate negligence, and institutional wrongdoing. Some of the most common types of cases we see include:
- Toxic Exposure: Exposure to harmful chemicals or substances in workplaces, homes, or communities can result in serious health issues. These cases often involve industrial chemicals, asbestos, lead paint, or contaminated water supplies that cause illnesses ranging from respiratory problems to cancer.
- Defective Products: When manufacturers fail to ensure their products are safe for consumer use or neglect to provide sufficient warnings about potential risks, they can be held accountable for the injuries their products cause. Products that cause harm due to design flaws, manufacturing defects, or inadequate warnings can lead to mass tort litigation.
- Large-Scale Catastrophes: Man-made catastrophes such as building fires, train derailments, or industrial explosions can injure hundreds or thousands of people simultaneously. These incidents often stem from a negligent act or decision, making them appropriate for mass tort litigation.
- Defective Drugs and Devices: Defective drugs, medications and medical devices that cause unexpected side effects or complications make up a large portion of mass tort claims. When pharmaceutical companies or device manufacturers rush products to market without adequate testing or fail to disclose known risks, patients can suffer life-altering consequences.
- Response to Natural Disasters: Natural events themselves are not actionable, but the negligent response to them can be. Insurance companies that wrongfully deny claims, government entities that fail to maintain infrastructure, or businesses that neglect safety protocols can be held liable if they contribute to injuries during a disaster.
Mass Torts vs. Class Action Lawsuits: Understanding the Difference
Mass torts and class actions both allow multiple plaintiffs to pursue claims against the same defendant, but they differ in structure and outcome. In a class action, a single lawsuit represents all plaintiffs, and any final settlement or verdict is distributed evenly among class members. Conversely, mass torts maintain each plaintiff’s separate lawsuit while consolidating certain aspects of litigation, which makes the process more efficient.
Even when harm stems from the same source, the impact on each person varies considerably. Your medical history, the extent of your injuries, and your individual damages are all considered when determining compensation in a mass tort case.
The Mass Tort Litigation Process in Illinois
A Chicago mass tort case involves several distinct phases, each requiring careful legal strategy and patience. At Meyers & Flowers, we guide you through every step of this complex process, leveraging our experience in Illinois courts to maximize your chances of a favorable outcome. Here is what to expect when you pursue mass tort litigation.
Reviewing Records
When you contact our firm about a potential mass tort claim, our attorneys will first conduct a thorough review of your medical records, employment history, and other relevant documentation. This evaluation helps determine whether your case fits within the larger mass tort action. During this phase, you will need to provide detailed information about your exposure to the harmful product or situation and the resulting injuries.
Finding Other Injured People
For a mass tort to be viable, multiple victims must share similar injuries from the same source. If you want to initiate a mass tort rather than join existing litigation, you will need to find other people who have experienced injuries from the same type of harm. Meyers & Flowers can also help you seek out those who have been hurt like you.
Filing the Lawsuits
Once we have verified your eligibility for the mass tort action, we file your lawsuit in the appropriate court. Plaintiffs may live in different places, but the lawsuits are filed together to help streamline legal proceedings and create a stronger collective case.
The consolidation of cases allows for a more efficient exchange of evidence and testimony during the pretrial discovery process. Our Chicago personal injury attorneys handle all filing procedures and court appearances, keeping you informed without requiring your constant presence in court.
Attending Bellwether Trials
In mass tort litigation, courts often select a small number of representative cases for initial trials, known as bellwether trials. These cases serve as indicators of how juries might respond to evidence and arguments in future trials involving similar claims.
If your case is selected as a bellwether, you will work closely with your mass tort attorney to prepare for trial. Even if your case isn’t chosen, these initial verdicts provide valuable information about case strengths and weaknesses, often influencing settlement negotiations for all plaintiffs.
Reaching a Settlement or Verdict
Many mass tort cases are ultimately resolved through settlement rather than trial. If your case settles, you will receive compensation based on your specific injuries and damages. Generally, the more severe your injuries, the higher your award is likely to be.
If your case proceeds to trial, our experienced litigators will present compelling evidence of the defendant’s liability to the jury. All in all, mass tort litigation can take a few years to complete, but the potential for substantial compensation and the opportunity to hold negligent corporations accountable often make the process worthwhile.
How Compensation Works in Illinois Mass Tort Cases
When you are unexpectedly injured, understanding your compensation options becomes critical to your financial recovery. The costs of medical care, lost wages, and ongoing treatment can quickly overwhelm your finances and jeopardize your future stability.
In a mass tort case, compensation is not divided equally among all plaintiffs. Instead, damages are allocated based on the severity of each person’s damages. The division process often involves a claims administrator who evaluates each plaintiff’s claim using predetermined criteria.
You can recover several types of damages in your lawsuit:
- Economic damages cover quantifiable financial losses including medical bills, ongoing treatment costs, rehabilitation expenses, lost wages, and reduced earning capacity. These damages are calculated based on your actual expenses and projected future costs related to your injury.
- Non-economic damages address the intangible pain and suffering that the injury has had on your life. Emotional distress, loss of enjoyment of life, and permanent disability or disfigurement may be included in this portion of your award.
- In rare cases involving extreme negligence or intentional misconduct, punitive damages may be awarded. These are designed to punish particularly egregious behavior and deter similar conduct in the future.
Benefits of Hiring a Chicago Mass Tort Attorney
Facing a mass tort situation without experienced legal representation puts you at a significant disadvantage. Mass tort litigation often involves powerful companies, complex legal procedures, and robust evidentiary requirements—all challenges that require specific knowledge and resources to overcome, that most individuals simply don’t have access to.
Your Chicago mass tort attorney from Meyers & Flowers brings valuable experience navigating the procedural requirements specific to mass tort cases, including multidistrict litigation coordination, bellwether trials, and settlement negotiations. When you work with our firm, you gain advocates who know how to effectively build your individual case while leveraging the collective strength of similar claims.
Mass tort defendants are typically large corporations with extensive resources and aggressive defense attorneys. Your mass tort lawyer in Chicago will level the playing field and uphold your side of the story. We handle scientific evidence, work with medical experts who can testify about your injuries, and fight for your maximum compensation that fully addresses your needs.
An inadequate settlement can leave you facing financial hardship in the future. Our attorneys will assess all aspects of your damages, from documented medical expenses and lost income to projected future costs and non-economic pain and suffering. This careful process helps prevent you from accepting lowball offers.
Mass tort litigation can stretch for years and involve numerous updates and developments. Your attorney will manage critical deadlines, maintain compliance with court-ordered processes for submitting evidence, and help you understand what to expect next. We will always keep you informed and updated so that you can make confident decisions about your case.
What to Do If You Experience an Unexpected Injury
Suffering an injury that might be part of a mass tort requires prompt action to protect both your health and legal rights. Take the following steps immediately after discovering your injury.
Seek Medical Care
Get examined by a doctor as soon as possible after noticing your injury or symptoms. Tell your healthcare provider exactly when you began experiencing problems and mention the product you suspect caused your injury. Follow all treatment plans and keep every appointment. This creates an official medical record that connects your injury to a specific timeframe, which will be valuable evidence for your case.
Preserve All Evidence
Keep the product that caused your injury in its current condition if possible. Save all packaging, instruction manuals, warning labels, and receipts. For medications, store the original bottles with prescription information and lot numbers clearly visible. Take photos of the product and any visible injuries. This physical evidence directly links the product to your injury and may show design flaws or inadequate warnings.
Document Your Daily Symptoms
Start a journal recording how your injury affects you each day. Note pain levels, mobility issues, emotional impacts, and any activities you can no longer perform. Track medical appointments, medications, and any expenses related to your injury. This detailed account shows the full impact of your injury beyond what appears in medical records and helps demonstrate your pain and suffering.
Do Some Research on Mass Torts
Look up whether others have reported similar injuries from the same product. Check the U.S. Food and Drug Administration (FDA) website for medication recalls, the Consumer Product Safety Commission (CPSC) website for consumer product warnings, and news sources for information about ongoing litigation. By finding patterns of similar injuries, you can establish that your situation is not an isolated incident but part of a wider problem that may qualify for mass tort litigation.
Keep Quiet About the Case
Avoid discussing your injury or potential lawsuit on social media platforms or with representatives of the defendant. Do not sign any documents or accept settlement offers without legal advice. Posts on social media can be discovered and used against you, while premature agreements might limit your ability to pursue full compensation.
Contact an Attorney
Reach out to a mass tort attorney as soon as possible. A lawyer can evaluate whether your case fits within an existing mass tort action, help preserve critical evidence, and handle communications with defendants and insurance companies while you focus on recovery.
Get in Touch with a Chicago Mass Tort Lawyer
When facing the aftermath of an injury potentially linked to a defective product, dangerous drug, or toxic exposure, time is critical. The mass tort attorneys at Meyers & Flowers have the knowledge, resources, and dedication to evaluate your case and determine if you qualify for inclusion in existing litigation.
Illinois laws restrict how long you have to file your claim, and evidence becomes more difficult to gather as time passes. Do not wait to seek the help you need. Contact Meyers & Flowers today at (630) 232-6333 for a free, confidential consultation to discuss your potential mass tort claim.