Marcari, Russotto, Spencer & Balaban
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Mass Torts

Experienced Personal Injury Lawyers Prosecute Mass Torts

Strong litigators help victims take on powerful defendants

When the harm from a product or an injury event is widespread, it’s easy to overlook the suffering of each individual victim. But before you allow yourself to be treated as a statistic, you should seek the counsel of a knowledgeable lawyer who cares about each and every client. At Marcari, Russotto, Spencer & Balaban, our attorneys have more than 200 years of combined legal experience, and we are determined to give each client the personal attention they deserve. We understand that a mass tort may have affected you in a unique way, so we pursue a resolution that suits your circumstances and needs. No matter how complex the claim is or how tough the opponent might seem, we are determined to see that you are compensated fully for your personal losses.

What is a mass tort case?

“Tort” is a legal term for a wrongful injury, where a victim is legally justified in seeking compensation from a defendant who caused the injury, usually through a careless act or omission. But when the defendant’s same act or omission causes harm to a wide number of victims, the case becomes a mass tort. Mass tort litigation is often the best way to resolve groups of claims involving:

  • Medical device injuries — When a manufacturer places a defective medical device on the market, a mass tort action can resolve complex questions relating to liability without putting an undue burden on individual plaintiffs.
  • Prescription drug injuries — Regardless of whether the problem relates to improper testing, misleading labels or some other type of negligence, dangerous drugs  are capable of causing widespread harm quickly.
  • Household product injuries — Even household products that seem harmless can trigger a serious injury or illness. Handling claims ranging from tainted food to talcum powder, our attorneys seek justice for people who have faced unexpected injuries or illness due to product design, manufacturing, handling and labeling flaws.
  • Toxic exposure illnesses — Once harmful chemicals are released into the air, soil, or groundwater, individuals can be defenseless after they are exposed to these toxic substances. We have the knowledge and network of experts to bring the strongest case possible on their behalf.
  • Injuries caused by defective auto parts — If you’ve been hurt due to a defective auto part, such as a faulty air bag or ignition mechanism, we pursue justice against all of the parties responsible for the flaw.

Generally, large corporations are defendants in mass tort cases. To assert your rights effectively, you need skilled representation from a law firm with the resources to take on a powerful defendant.

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What is the difference between a class action and a mass tort case?

A tort is a wrongful injury that a defendant inflicts on a plaintiff. Once liability is established, the first person must compensate the second for the damage that was done. In mass tort cases, one harmful act, practice or omission has caused injury to numerous victims. This gives rise to a legal situation where we have:

  • A single defendant
  • Numerous victims
  • A single cause of the harm

The question then becomes this one: what is the best way to ensure the victims can have their day in court and seek redress for their injuries? Requiring each defendant to present their argument individually can be impractical for a number of reasons:

  • The courts can only accommodate so many cases at a time, so the long line of plaintiffs might cause litigation to drag on forever.
  • When plaintiffs sue a powerful corporation individually, the process heavily favors the defendant.
  • Early plaintiffs get to sue while the defendant still has assets. Later plaintiffs may wind up suing a bankrupt company.

Class action cases address these concerns properly in some situations. When injured parties have suffered similar injuries, the court will certify a class, consolidating individual cases into a single action. In this way tens, hundreds, even thousands of plaintiffs can sue at once and share in the damage award. This is good for the plaintiffs, because it gives them strength in numbers against a powerful defendant.

On the other hand, if the victims of a mass tort have been affected differently, a single case might not address the unique aspects of their losses. Such a case cannot be certified as a class action, so each victim must present a separate claim. The advantage here is that each plaintiff can demonstrate the specific harm they have suffered while collaborating with other victims to address the common case issues.

Trust our mass tort lawyers to give your case the individual attention it deserves

Marcari, Russotto, Spencer & Balaban handles a full range of mass tort matters, including cases relating to toxic exposure, dangerous drugs and defective products. Call us today at (877) 428-1122 or contact us online to schedule a free consultation. For your convenience, we have offices throughout North Carolina, South Carolina, Virginia, West Virginia and Florida.
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