Frequently Asked Questions
What is a mass tort?
A mass tort is where numerous people injured by a single product join forces in their litigation against one or more defendants. Personal injury claims against drug manufacturers are often litigated as mass torts because of the large number of people injured by a given drug.
In the federal court system, an individual’s claim is often part of what’s called multi-district litigation, or an “MDL.” A single federal court is assigned all similar cases filed against one or more defendants.
When a lawsuit is filed against one of those defendants in other federal courts, the case is transferred to the assigned court for pre-trial matters (which usually is the main part of the battle).
Cases filed in state courts can also end up in a federal MDL.
A defendant can “remove” a case filed in state court to federal court.
If an MDL exists for that type of case, it will be transferred to the MDL court.
Although corporate defendants were the original proponents of MDLs, injured individuals can also benefit. MDLs enable attorneys representing injured people from all over the country to pool their resources, and keep litigation costs to a minimum.
A mass tort is not a class action.
Class actions are not permitted for personal injury claims because every person’s injuries are unique.
Unlike a class action, each person in a mass tort has their own case, and must prove their own case in order to recover damages.
We analyze individual cases to determine whether the best result is most likely in federal or state court.
What is a contingency fee agreement?
A contingency fee agreement is a type of attorney fee agreement. We, the attorneys, do not get paid unless we get a recovery for the client.
Our fees are a based on a percentage of the recovery.
The attorneys also advance the costs of the litigation and get reimbursed only if the client gets a recovery.
Contingency fee agreements allow injured individuals to bring claims against large, corporate defendants without the costly alternative of paying an hourly rate to an attorney.
With a contingency fee agreement, the attorney who agrees to represent you has a stake in your claim, and works accordingly.
The attorney shares the risk with the client.
We represent our personal injury clients exclusively on a contingency fee basis.
How do I file a complaint with the Food and Drug Administration (FDA)?
If you have experienced an adverse side effect from taking a drug, whether prescription or over-the-counter, you can report it to the FDA online by clicking on the logo below.
Reporting adverse side effect helps remove dangerous drugs from the market.