Previously, we discussed how a hurt person can bring an action known as a tort to obtain compensation for damages. But when a lot of different people suffer similar harm from similar causes, they can combine their torts into what’s known as a mass tort. Many Transvaginal Mesh injury cases are filed this way. These plaintiffs can combine forces to sue one or several defendants. To pursue a mass tort action, plaintiffs have to ask the court for permission.
The court will decide based on factors like:
- How many plaintiffs got hurt;
- Where the plaintiffs live (are they close to each other or far apart?);
- The nature of the injures (are they similar or not?);
- Whether a single cause or set of causes was likely responsible for the damages.
Mass torts are not the same thing as class action lawsuits. Both legal processes bundle similar cases together for the purposes of expediency (so the court can speed things up) and to make sure that results don’t vary wildly.
In a mass tort, you can have a trial that’s separate from other plaintiffs’ trials. In a class action, the court treats you and other plaintiffs essentially as a single group, and a single trial determines the outcome. From the perspective of a plaintiff, mass torts offer some advantages. For instance, statistically speaking, you have a greater potential for large compensation. Defendants and their attorneys can also share resources and insights.
Mass torts can also evolve into a suite of lawsuits known as Multi District Litigation or MDL, in which different suits are organized to go before one judge and one jurisdiction.
Mass torts can get quite complicated, both because of all the legal “moving parts” and because of the high stakes involved. Liable defendants often stand to lose millions of dollars -- in some cases, billions of dollars. As a result, defendants generally have both the motivation and the means to go to great lengths to discredit the plaintiffs’ cases.
To fight back, plaintiffs and their attorneys must be meticulous, prepared, resilient, and strategic. You may have compelling science on your side and a tragic, heart wrenching story. But do not expect the defendant to give any quarter or to admit fault.
So what can you do to prepare yourself and your family for the road ahead? We will discuss this in our next post.
As you can see there are many significant factors that go into a transvaginal mesh injury claim and why it is imperative that you hire a legal team that has the experience, knowledge and support that you and your family need in order to receive the benefits that you deserve.
Know that you are not alone and our experienced attorneys are here to help. Call 1-855-423-3666 for a free and confidential case evaluation.
And for more information regarding the harm of transvaginal mesh implants download a copy of our free E-book, Transvaginal Mesh Lawsuits: What You Need to Know If You Have Suffered Harm from Vaginal Mesh Implants.
Be sure to check back each week for more blogs regarding transvaginal mesh injury and what we can do to help.