Mass Torts and Product Liability Attorney
What is Product Liability?
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word “product” has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability generally includes manufacturing defects (a defect which occurs during the manufacturing process, generally due to low-quality materials as well as poor workmanship), design defect (which means the original design of the product was defective in some way, and the product would be inherently defective no matter how it was manufactured or produced), and failure to warn (which is also known as marketing defect, meaning those who marketed the product to the public knew of present dangers and failed to warn consumers). Product liability cases may include household products, baby strollers, cribs, car seats, automobiles, toys, and numerous other products which could be dangerous due to defects. An injury from a defective product brings with it the possibility of large medical bills, loss of ability to work as well as mental stress and emotional anguish.
Product Liability Injury Attorneys
The area of product liability law governs injuries from defective products. The attorneys at Loncar and Associates have helped numerous people injured from products deemed defective by design, manufacturing, or marketing. We have been involved in cases relating to defective motor vehicles, drugs, medical devices, lawn and garden equipment, heavy machinery, industrial equipment and machinery. If you believe you or a loved one was injured by a defective product, contact the attorneys at Loncar and Associates as soon as possible to determine if you have a case and which steps you should take next to protect your rights. Product liability litigation can be extremely complex. Before attempting to handle a case on your own, you should contact our office for a free consultation.
What is Mass Torts?
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A Mass Torts case is different from other personal injury claims in several distinct ways. First, a mass tort case involves numerous claims filed associated with a single product. This means a mass tort is a civil action involving numerous plaintiffs against one or a few corporate defendants behind a product’s design, manufacture, and distribution. Mass tort claims can be filed in both state and federal court. Mass torts may include mass disaster torts, mass toxic torts, and product liability torts.
The Mass Torts Department at Loncar Lyon Jenkins is a team of professionals dedicated to working for you. Since its origin in 1999, our Mass Torts department has focused on product liability cases such as Fen–Phen, Asbestos, Rezulin, Vioxx, Life Insurance Fraud, Automobile Financing Fraud and Breast Implants, among others.
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Representing injured people acrossTexasand nationwide, our clients have participated in settlements totaling over $100 billion, with our clients recovering well over $100 million themselves. The Drug companies have billions of dollars in sales at stake and have teams of attorneys reviewing all claims. You owe it to yourself to contact an attorney with experience in complex Mass Tort litigation who is familiar to drug companies and their lawyers. We are that firm whether you live inTexasor anywhere nationwide.
How does a Mass Tort differ from a Class Action?
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In most mass tort actions, individual lawsuits are filed on behalf of each client against the same defendant(s). Generally, these individual cases are consolidated into one federal court for purposes of discovery (depositions, exchange of information, sharing of expert witness testimony/studies). In order to consolidate individual lawsuits into a pool for the purposes of discover, an MDL is established. MDL stands for Multi District Litigation. As the name suggests, once discovery is completed (a process that can take years) the cases are usually transferred to the court of proper jurisdiction and venue for trial. Under MDL litigation cases can settle individually or as a part of a group. Many Plaintiffs see Mass Tort litigation as more advantageous than Class Action litigation because, unless the client elects to participate in a group settlement, their claim is an individual claim.
Under class action litigation, suit is filed on behalf of one or more named Plaintiffs who are filing suit on behalf of all other “similarly situated Plaintiffs”. For purposes of discovery and trial, if necessary, all individual claims are handled as a class. If any settlement is reached, it will be reached on behalf of the entire class.
Generally, Loncar Lyon Jenkins does not handle class action litigation. That being said, oftentimes, class action litigation is the best course of action for many litigants. It is very expensive to see a case through to a jury verdict. The cost in terms of hard expenses: postage, copying, medical records, travel expenses (flight, hotel, food), exhibit preparation, expert travel, expert review of records, court reporter expenses and so on. When you include attorney time on discovery, motion practice and trial preparation, it can easily cost $100,000.00 or more just to take a case to trial. Often, a person’s damages will not warrant such an expense and defendants and their attorneys are not afraid to take strategic advantage of this fact. In these situations, it is in the best interest of the Plaintiff to proceed as a group where the costs and expenses can be spread-out among the group. While the term “class action” has a negative connotation, oftentimes, it is the best alternative for injured parties when their individual damages do not warrant the expense of a jury trial.
Our Mass Tort Department is currently intaking new cases nationally in the following areas:
* Ford 6.0 l diesel EGR;
* Actos – bladder cancer;
* Transvaginal mesh/bladder sling;
* Granu-flo; and,
Don’t trust your case to a law firm that does not specialize in product liability cases. The Mass Tort Department at Loncar Lyon Jenkins has been dedicated to a nationwide practice of product liability cases since 1999. Loncar Lyon Jenkins has the expertise and experience to successfully resolve your product liability case, even when other firms cannot. Our firm has successfully settled cases other firms have turned away including:
- Fen-Phen appeals totaling over $1,000,000.00 when the firm originally representing the claimant closed the case;
- Fen-Phen PPH settlement greater than $4,000,000.00 on a case declined by 4 other firms;
- Vioxx settlements totaling greater than $6,000,000.00 on files previously declined by other firms.
Not all firms are the same. If you have questions about a medical device, product liability, or a drug that you suspect may have caused injury to you or death of a loved one, click the links on the below or call our offices toll free at 800–285–4878 for a free consultation and for more information.