Why Foley & Small?

WHAT IS A MASS TORT?

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.

MASS TORTS, CLASS ACTIONS & MDL PROCEEDINGS

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.

TYPES OF MASS TORT CLAIMS

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.

SETTLEMENT OF MASS TORT CLAIMS

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.