Foley & Small Has handled a variety of mass tort litigation claims. This process allows for the efficient and expeditious handling of claim situations that involve many, many people.
Mass tort litigation involves cases where people throughout the country have been injured or have suffered losses because of a defective product or because of the illegal conduct of a company or person that harms many people. For example, the litigation involving Vioxx was handled on a mass tort basis because there were people throughout the United States who had suffered a variety of problems because of the blood clotting side effects from using of Vioxx. There were Vioxx cases filed in courts across the United States. Those cases were consolidated into a single proceeding in a Federal District Court in Louisiana. There pre-trial proceedings were undertaken. Those proceedings involved the exchange of information, the exchange of documents completing depositions and dealing with expert witnesses. After this trial preparation work was completed, the individual case would be transferred to the local court where it was originally filed where the actual trial would take place.
A mass tort handled in this fashion is not the same as a class action. In a class action, there will be one trial for everyone at one central court. With a mass tort proceeding, which is also referred to as a MDL, a multi-district litigation proceeding, common pre-trial work that can be used in cases throughout the country is done on a consolidated basis in one court so that this work, and the cost associated with it, is not duplicated in each and every case. When this pre-trial work is done, the case is brought back to the local court where it was originally filed for the actual trial.
At Foley & Small, we have handled a variety of mass tort cases. This includes cases in a number of different MDL proceedings throughout the United States involving defects with knee implants and with hip implants. Foley & Small is also representing women from Indiana and Michigan who have suffered injuries as a result of having had implanted vaginal mesh products which have proven defective and dangerous. A number of different manufacturers are involved, including Ethicon, Bard, Boston Scientific, American Medical, Coloplast and others. These cases have been consolidated in MDL proceedings in the federal district court located in West Virginia. Foley & Small is also lead counsel in Indiana handling the claims against the New England Compounding Center for is manufacture and distribution of contaminated epidural injunctions.
The parties will typically enter into negotiations to settle the claims. If a proposed agreement is reached, it is presented to each claimant and they can decide whether to participate in the settlement or proceed on to trial.
-Douglas D. Small
-Edmond W. Foley
If you are the victim of a mass tort, contact us at Foley & Small. We can help you. Click on the link at the top right of this page for a live chat with a member of our staff or email us from our Contact page. You can also call us at 800-276-2525.
Represented family members suffering injury after being struck by a delivery vehicle which failed to stop for a stop sign.
Represented delivery driver of RV units injured in crash with vehicle on interstate highway resulting in severe lower extremity injuries. Settlements with two defendants and verdict against a third defendant.
Represented client rearended by truck resulting in concussive and hand injuries.
Represented client involved in an intersectional accident resulting in chest and upper extremity injuries.
Represented woman struck by a vehicle involved in a high speed auto chase.
Represented high school student injured in highway intersection accident suffering vertebral fractures.
Represented elderly handicapped gentlemen who fell on asphalt debris in apartment complex parking lot.
Represented woman injured at county road intersection collision suffering complex hand injuries.
Lead counsel in Indiana working to secure a settlement of $125,000,000.00 against the New England Compounding Center and its officers, directors and employees arising from fungus contaminated epidural injections distributed throughout the United States, including Indiana and Michigan.
Represented worker injured at work site due to injuries caused by third party contractors (not employer).
Retail store slip and fall claim resulting in brain injury.
Represented estate of employee injured as a result of an at-work explosion caused by third party contractor.
Represented woman injured due to defective product resulting in injuries involving significant complications and multiple follow up procedures.
Represented estate of construction worker injured who suffered fatal injuries during the course of assisting and the unloading of construction materials from a trailer.
Represented estate of man electrocuted while working on farm property. Settlement with certain defendants and trial with one defendant.
Represented estate of middle age woman who suffered fatal injuries during the course of a car semi-tractor collision.
Represented estate of man who died from injuries due to collision with a semi-tractor trailer.
Foley & Small handles and tries cases across Indiana and Michigan. This includes working in the following counties, county seats and cities: