Have you recently suffered an injury, or are you struggling with a debilitating illness or disease because of a defective or dangerous product? You’re not alone. And, if your injuries could have been avoided, you may have the right to file a mass tort injury lawsuit and demand compensation from those responsible.
At Rosenbaum & Rosenbaum, P.C., our NYC mass tort lawyers are here to help you fully understand your legal rights and options. If you decide to file a claim or lawsuit, we will be there with you every step of the way, fighting to make sure that you receive full and fair compensation for your suffering.
Contact our New York City law office to arrange a time to sit down and discuss your case in detail. We offer a free initial consultation, so don’t delay in reaching out to us for help today.
How Rosenbaum & Rosenbaum, P.C. Can Help With Your Mass Tort Injury Claim in NYC
When a multinational corporation puts the interests of profits over its target market, bad things can happen. If you’ve suffered an injury or experienced a hardship as a result, you can potentially take legal action to make things right. However, know that you’ll be going up against powerful companies with deep pockets and highly skilled teams of attorneys.
Fortunately, there are steps you can take to level the playing field and set yourself up for success. Having an experienced NYC personal injury lawyer in your corner for this fight is a great start.
At Rosenbaum & Rosenbaum, P.C., our legal team has more than 40 years of experience fighting on behalf of injury victims across New York City and beyond. We understand the devastation that a defective medical device or dangerous product can cause. We also know that a successful mass tort claim or class action can make a world of difference to our clients while hitting at-fault companies where it hurts – their bottom line. So, we put the full force of our law firm behind every case we handle. Our approach has helped us recover hundreds of millions of dollars in settlements and verdicts.
When you call us for help with your mass tort case, expect us to:
- Stand up to huge corporations and insurance companies on your behalf
- Meticulously review the circumstances that led to and caused your injury
- Consult with leading accident and injury experts, including medical specialists, engineers, scientists, and anyone else who might be able to help us understand the more technical and nuanced aspects of your case
- Limit the effectiveness of any strategies that are designed to shift blame to you
- Determine if other consumers have suffered similar injuries or trauma
- Identify scientific studies or reviews that might support your claim for damages
- Pursue compensation for the full value of your present and future damages
Many times, mass tort injury cases are settled before either party has to set foot in a courtroom. However, know that the skilled trial attorneys at Rosenbaum & Rosenbaum, P.C. will not be afraid to reject an insulting lowball offer and haul a liable party before a judge and jury. We are here to help you recover maximum compensation for your injuries and suffering. We’ll do whatever we can to make that happen. Call us to learn more now.
Overview of Mass Torts
What exactly is a “mass tort”? As the name suggests, it’s a type of civil action that involves a lot of people. So, a mass tort is a class action lawsuit? No. While class actions and mass torts are similar – because they both involve more than one injured party – they are two different types of legal actions.
A class action is one lawsuit that’s filed on behalf of a “class” of plaintiffs. The class is comprised of individuals who have all suffered the same injury or very similar injuries. Rather than file lawsuits individually, they come together and join forces. If a settlement is reached or verdict is issued on behalf of the class, the members split the award.
A mass tort, on the other hand, doesn’t group the plaintiffs together. Rather, plaintiffs each pursue their own individual case. Those cases, however, are consolidated into one legal action in a central federal court – known as multidistrict litigation (or MDL). There could be hundreds or even thousands of individual actions in one MDL. The MDL is overseen by one federal judge. This way, the judge is intimately familiar with the cases that are based on similar facts and arguments.
In an MDL, the plaintiffs (and defendant) can pool their resources and share information during discovery and other preliminary stages. However, at the end of the day, each plaintiff pursues their own individual claim and is entitled to their own individual result. It’s not all or nothing, like with a class-action lawsuit.
Types of Mass Tort Injury Cases
At Rosenbaum & Rosenbaum, P.C., we are ready to help you demand compensation if you’ve suffered an injury that could have been avoided if a company or entity had taken a little bit more care. Our NYC personal injury attorneys represent clients in all mass tort injury matters arising from defective medical devices, defective drugs, and other dangerous products.
Defective Medical Devices
Over the past half-century, the scientific and medical communities have made great strides in revolutionizing medicine and healthcare. Medical devices have been a huge part of this.
Unfortunately, many medical device manufacturers have set their sights on profits and money at the expense of patients in need. Thanks to loopholes in the FDA’s approval process, manufacturers are able to get untested and unproven medical devices on the market and into patients with relative ease.
So, rather than knowing the risks and dangers of a medical device before they’re marketed and sold, these issues are arising after they are implanted in patients. In turn, the patients who expect to benefit from these devices are, in effect, the real test subjects. Many have learned this the hard way, after sustaining serious and, in some cases, fatal injuries from defective or unreasonably dangerous medical devices.
The New York City mass tort attorneys at Rosenbaum & Rosenbaum, P.C. handle all defective medical device injury cases, including those that involve:
- Abdominal hernia and transvaginal mesh (including Bard Polypropylene, Covidien Parietex, Ethicon Physiomesh, and Atriums ProLite, and Kugel Mesh devices)
- Bard IVC Filters (including Denali, G2, G2 Express, and Recovery devices)
- Cook IVC Filters (including Gunther Tulip, Celect, Celect Platinum, OptEase, and TrapEase devices)
- Boston Scientific Greenfield IVC Filters
- Hip replacement systems, including Stryker’s Tritanium Acetabular Shell device and DePuy systems
- Penumbra Catheter Lawsuits
- And more
When a patient receives a defective medical device, the company responsible for its design, manufacture, and marketing can be strictly liable for the consequences. Punitive damages might also be applicable in situations where a company knew about dangers but intentionally concealed those risks from doctors and patients.
You expect that the drugs you’re prescribed or those that are recommended by a doctor or pharmacist will make you feel better, not worse.
However, that’s not always the case. Despite fairly strict FDA testing requirements, dangerous drugs still hit the shelves every year.
Sometimes this is because the true effect of a drug isn’t revealed until years after a patient begins taking the medication on a regular basis. Other times, companies hide or bury studies that show links between their money-making drugs and potential adverse health effects.
If you’ve suffered an injury or lost a loved one because of a dangerous drug, Rosenbaum & Rosenbaum, P.C. might be able to help. Our mass tort lawyers in NYC represent clients in dangerous drug cases involving:
- Proton Pump Inhibitors (including Nexium, Prilosec, Prevacid, and other PPIs)
- Invokana (Canagliflozin)
- YAZ or Yasmin
- And more
Companies that allow dangerous drugs to be sold in New York must be held accountable. Our NYC personal injury law firm will work tirelessly to make sure that happens.
Other Mass Tort Injury Cases
In truth, any time a dangerous product is sold and injures a lot of people, there might be an opportunity to pursue a mass tort claim. Rosenbaum & Rosenbaum, P.C. proudly fights on behalf of all injured consumers in the greater New York City area, including those harmed by:
You are not alone. Call our law office to discuss your options today. We’ll gladly set up a consultation at a time that’s convenient for you. If you can’t make it into our law office in Manhattan, we’ll arrange to have our legal team come to you.
Damages Available in New York Mass Tort Litigation
If you’ve suffered an injury because of a defective or dangerous product, you may have the right to file a civil lawsuit against the company that created or sold the product. If your claim is consolidated into an MDL with other similar lawsuits, know that you still have individual rights.
And, you are still entitled to seek whatever damages are applicable to your specific case. This can include money for:
- Present and future medical expenses
- The cost and anguish associated with revision surgery, if necessary
- Lost income and wages
- Rehabilitation, counseling, and nursing care
- Loss of quality or enjoyment of life
- Loss of consortium
- Pain and suffering
- Emotional distress, including PTSD and depression
- Funeral and burial costs, if a loved one has died
At Rosenbaum & Rosenbaum, P.C., we’re prepared to invest whatever time and resources are necessary to help you walk away with a full financial award. Our goal is to make sure that you’re properly compensated for your injuries, pain, and suffering. Call our law firm to get in touch with our team to learn more today.
Statute of Limitations for Filing a Mass Tort Injury Claim
Despite the fact that mass tort cases are typically consolidated in an MDL in federal court, the individual cases are initially subject to state law. So, if you’re injured because of a dangerous drug or defective medical device in New York City, New York state law will apply.
In New York, product liability lawsuits are typically subject to a three-year time limit. In other words, you’ll have three years from the date you discovered your injury or learned about the defect to act.
Schedule a Free Consultation With our New York City Mass Tort Lawyers
If you’ve been injured because of a defective product in New York, NY, know that you’re not alone. The NYC mass tort injury lawyers at Rosenbaum & Rosenbaum, P.C. are here to provide the guidance and support you need as you fight to get back on your feet. Contact our New York City personal injury law firm for legal advice and to discuss the details of your case with our team. Your first case evaluation is always free.