Mass Torts
Your Trusted Mass Tort Lawyers Fighting for Justice
Mass Tort Lawsuits: Holding Corporations Accountable
When a large number of people suffer injuries from the same defective product or harmful action by a corporation, they may pursue justice through a mass tort lawsuit. Shamis Gentile PA specializes in representing individuals harmed by negligent companies and defective products.
If you have been injured by a defective product or harmful corporate action, you may be entitled to significant compensation. Our experienced legal team is ready to fight for your rights.
What is a Mass Tort?
A mass tort is a type of lawsuit where multiple plaintiffs file claims against one or more defendants for injuries caused by the same product or action. Unlike a class action lawsuit, where all plaintiffs are treated as a single group, mass tort lawsuits allow each plaintiff to pursue their own individual claim while benefiting from coordinated legal representation.
Mass torts typically arise when:
- A product defect affects a large number of consumers
- A company's negligent actions cause widespread harm
- A pharmaceutical drug causes severe side effects
- Environmental pollution harms multiple individuals
- Medical devices fail or cause complications
How Mass Torts Differ From Class Actions
While both mass torts and class actions involve multiple plaintiffs with similar claims, there are important differences:
- Individual Claims: In mass torts, each plaintiff pursues their own individual claim, whereas in class actions, all plaintiffs are represented as a single group.
- Customized Compensation: Mass tort plaintiffs receive compensation based on their specific injuries and damages, while class action settlements typically provide equal or similar recoveries to all members.
- Control Over Your Case: Mass tort plaintiffs have more control over their individual cases and can settle separately if they choose.
- Legal Representation: In mass torts, plaintiffs work with attorneys who understand their unique circumstances and can advocate for their specific needs.
Common Types of Mass Torts
Mass torts have been filed in numerous industries and contexts:
- Pharmaceutical and Medical Device Cases: Injuries caused by defective drugs or medical devices, including Roundup, Vioxx, and hip implants.
- Asbestos Cases: Mesothelioma and lung cancer caused by asbestos exposure.
- Tobacco Cases: Lung cancer and other diseases caused by tobacco product use.
- Environmental Cases: Contamination of water supplies or air pollution affecting large populations.
- Product Liability Cases: Defective consumer products causing injuries.
- Workplace Injury Cases: Injuries sustained by workers due to negligent employers or unsafe working conditions.
The Mass Tort Process
While each mass tort is unique, the general process typically follows these steps:
- Consolidation: Similar cases may be consolidated into a Multi-District Litigation (MDL) for more efficient handling of discovery and pretrial motions.
- Discovery: Both sides exchange evidence, including documents, witness statements, and expert reports.
- Settlement Negotiation: Many mass torts result in settlements where the defendant agrees to compensate injured plaintiffs.
- Trial: If a settlement is not reached, cases may proceed to trial, either individually or as bellwether trials that can influence settlement negotiations.
- Appeal: Either party may appeal a jury verdict or settlement decision.
Compensation Available in Mass Tort Cases
Depending on the nature of the injury and the specific case, plaintiffs in mass tort lawsuits may recover compensation for:
- Medical Expenses: Current and future healthcare costs related to the injury.
- Lost Wages: Income lost due to injury, illness, or time spent on medical treatment or litigation.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Diminished Quality of Life: Damages for reduced ability to enjoy life's activities.
- Wrongful Death Benefits: If the injury resulted in death, family members may pursue wrongful death claims.
Why Choose Shamis Gentile PA for Your Mass Tort Claim?
Shamis Gentile PA has a proven track record of successfully representing clients in mass tort litigation. Our team combines deep legal expertise with compassion for injured clients. We:
- Work on a contingency basis—you pay nothing unless we win
- Have resources to take on large corporations and their lawyers
- Understand the science behind complex product liability cases
- Have experience with MDLs and coordinated litigation
- Keep clients informed and involved in their cases
Do You Have a Mass Tort Claim?
If you have been injured by a defective product or corporate negligence, and others have been similarly harmed, you may have a mass tort claim. Contact Shamis Gentile PA today for a free consultation to discuss your case. We represent clients nationwide and are committed to securing the compensation you deserve.
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Recognition from the legal community
Our work has earned respect from peers and industry organizations.
How Shamis Gentile came to be
Our firm was born from a simple conviction: those harmed by fraud deserve lawyers who will fight. We started small but determined.
FIRM FOUNDED
Shamis & Gentile opens its doors on January 2, 2016.
MIAMI OFFICE
Opening our Miami office at One Flagler, 14 NE 1st Ave.
CLASS COUNSEL APPOINTMENT
Andrew Shamis leads TCPA litigation against Citgo, resulting in an $8M settlement. First major class action win.
OVER $250 MILLION SECURED
A wave of ACV lawsuits against insurers resulted in over $250M secured for consumers nationwide.
FIRST MASS ARBITRATION
The firm’s first mass arbitration against a nationwide telecommunications company.
DATA BREACH DEPARTMENT LAUNCH
Expanded the firm’s advocacy to protect individuals impacted by large-scale data breaches.
MULTI-STATE EXPANSION
Andrew Shamis becomes licensed in nine states, including Washington.
PERSONAL INJURY DEPARTMENT LAUNCH
Expanded into personal injury litigation, securing the firm’s first $1M settlement and broadening its client advocacy.
NEW HEADQUARTERS COMING SOON
Opening a new headquarters to support continued growth and strengthen service to clients nationwide.
FAQs
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How long does it take to settle a mesh lawsuit?
The time required to settle a mesh lawsuit depends on various factors such as the complexity of the case, the number of plaintiffs involved, and whether it goes to trial or not. Settlements can take anywhere from a few months to several years. It is important to work with an experienced hernia mesh lawyer who will advocate for your best interests and expedite your case as much as possible.
Can I sue if my hernia mesh has failed?
If your hernia mesh has failed due to manufacturing defects or inadequate warnings about potential risks, you may be eligible to file a lawsuit against the manufacturer. An experienced personal injury lawyer can help determine if you have grounds for legal action and guide you through the process.
What is the statute of limitations on hernia mesh?
The statute of limitations for filing a hernia mesh lawsuit is typically four years from when you discovered or should have reasonably discovered your injury caused by defective medical devices. However, it’s crucial to speak with a knowledgeable attorney as soon as possible since exceptions may apply.
What is the average settlement for a hernia mesh?
The average settlement amount for hernia mesh lawsuits varies depending on the severity of complications and individual case factors. Settlements can range from tens of thousands to millions of dollars. It’s essential to consult with an experienced personal injury lawyer who can evaluate your specific situation and provide guidance on potential compensation.
Inferior Vena Cava (IVC) Filter Lawsuit
Many brands are being reviewed for potential recovery against, among the most common being Bard G2 IVC filter, Bard Recovery IVC filter (manufacturers of the Eclipse brand IVC filter), and Cook IVC filter (manufacturers of the Celect brand IVC filter and Gunther Tulip filter). These companies failed to adequately warn about the risks of the problems and negligently designed a defective and unreasonably dangerous IVC filter. It is our opinion that the manufacturers will ultimately be forced to pay substantial financial compensation to resolve these cases.
Do You Qualify For A Hernia Physiomesh Lawsuit?
Let us talk. We can discuss your circumstances and symptoms. The complications of hernia mesh might resemble other ailments. Although, there is not an official Physiomesh recall, the market withdrawal is a serious red flag.If you believe that you or a loved one has suffered any of these effects, call Shamis & Gentile, P.A. today for help with a hernia mesh lawsuit. Remember, we only recover if you do!
What is Wrong with Physiomesh?
There have been two studies confirming that the Johnson & Johnson Ethicon Physiomesh Composite Mesh hernia patch had higher rates of hernia re-opening, called “recurrence” than similar brands. The patient was forced to undergo additional surgery to solve the problem. The manufacturer has since issued a “market withdrawal.” The FDA explicitly pointed out that this was not the same as a recall. What exactly is the difference? Truth be told, it is a matter for legal experts to decide. Perhaps, an official Physiomesh recall would have been too public. Either way, the manufacturer’s actions have shown that there is a problem with the medical device.
