Companies are supposed to market and sell safe products in the United States. But sometimes, a corporation manufactures or distributes a dangerous product that injures many people. If this has happened to you, the New York City mass tort lawyers at Hach & Rose would like to contact you.
A mass tort refers to many individual lawsuits filed against a defendant when their actions harmed many people. Mass tort cases have been recently filed for injuries caused by Roundup, NEC Baby Formula, talcum powder, Camp Lejeune water contamination, and defective drugs such as Zantac and Actos.
Our mass tort lawyers have an outstanding record holding negligent companies responsible for causing harm to large numbers of people. Contact our New York City mass tort attorneys today at (212) 779-0057 to discuss your case.
Why Choose Our New York City Mass Tort Lawyers?
Attorney Michael Rose, the law firm’s principal, has spent years representing injured clients in mass torts and personal injury lawsuits. He is known as one of the best litigators in New York City, and New York Magazine has recognized him as one of the best lawyers in the city. Attorney Rose was also named to the New York Super Lawyers list from 2013 to 2021.
Hach & Rose has many other top-tier mass tort attorneys with impressive records.
Our New York City law firm has obtained more than $1 billion in settlements and verdicts over its existence. A recent mass tort case settlement was $1.8 million for asbestos injury victims.
Our New York City office for mass tort claims is 112 Madison Avenue, 10th Floor, New York, NY 10016. It is in the iconic Flatiron Building, at the corner of 5th Avenue and East 22nd Street. Our mass tort and personal injury law firm is near Manhattan’s Harry Potter New York City store. Call us for a complimentary legal consultation.
New York City Mass Tort Compensation
Compensation in a New York mass tort case depends on the case’s specifics and each plaintiff’s individual circumstances.
Mass torts involve multiple people harmed by the same entity or product. Damages are assessed individually, unlike in class action lawsuits. In class actions, compensation is split evenly, while in mass torts, each person can seek an amount tailored to their losses.
In New York, there’s no cap on monetary damages in mass tort cases, meaning you can potentially recover the full extent of your losses without a legal limit. Compensation typically covers medical bills, lost earnings, pain and suffering, and sometimes future expenses if the injury has long-term effects.
For example, if a defective drug severely injured someone and can no longer work, their payout will likely be higher than someone with milder symptoms from the same product.
The amount of compensation varies widely because it’s tied to the severity of your harm and the evidence you bring forward. Cases can range from a few thousand dollars for minor injuries to hundreds of thousands or more for life-altering damages.
High-profile examples, like lawsuits against Johnson & Johnson over talc products linked to cancer, show settlements can reach significant sums, though individual awards still depend on personal impact.
The process can take months or years, especially if part of a multidistrict litigation (MDL), where cases are consolidated for efficiency. Factors such as the number of plaintiffs, the defendant’s willingness to settle, and the strength of the evidence affect both the timeline and the payout.
You need to prove the defendant’s negligence caused your harm. For example, a company knew a product was dangerous but sold it anyway, which can lead to a successful mass tort claim.
You should always retain an experienced mass tort lawyer in New York City to review your case, prove liability, and document your losses extensively. Our mass tort attorneys at Hach & Rose have the experience and skill to obtain full damages for your losses.
Where Do Mass Torts Happen?
There have been many mass tort cases that involved injury victims in New York City.
Some past mass tort claims in New York City have involved the following cases and products:
- Abilify
- Asbestos
- Chantix
- Plavtix
- Rezulin
- Serzone
Talk to one of our trusted mass tort attorneys in New York City if a consumer or commercial product hurts you or a loved one.
Types of Mass Torts
In New York City, mass tort claims occur when multiple individuals suffer harm from a common source, such as a defective product, environmental issue, or negligent act, and pursue legal action against the responsible party or parties.
These claims differ from class actions because they treat each plaintiff’s case individually, even though the court may consolidate them for faster resolution.
The major types of mass tort claims in New York City and statewide are:
- Pharmaceutical mass torts: These involve injuries or adverse effects caused by prescription drugs. Claims often stem from inadequate testing, insufficient warnings about side effects, or misleading marketing. Examples include lawsuits over medications that caused unexpected health issues, like cancer or organ damage, after widespread use.
- Medical device mass torts: These claims arise from defective or unsafe medical devices, such as implants or surgical tools. Issues might include design flaws, manufacturing defects, or failure to warn about risks. A notable example is the litigation surrounding vaginal mesh, where thousands of women in New York and beyond reported severe complications like pain and infection.
- Product liability mass torts: This category covers injuries from defective consumer products beyond drugs and devices, such as faulty appliances, vehicles, or children’s toys. Claims often focus on poor design, manufacturing errors, or lack of proper safety instructions. For instance, defective auto parts leading to accidents can spark a mass tort.
- Environmental mass torts: They occur when large groups are harmed by exposure to toxic substances, such as polluted water, air, or soil. In New York, cases might involve chemical spills, industrial waste, or contaminated drinking water. The Flint water crisis in Michigan is a notable case. New York has seen similar suits over lead exposure or industrial pollution affecting communities.
- Personal injury mass torts: These stem from accidents or incidents injuring multiple people, such as car crashes, workplace mishaps, or mass transit disasters. In New York, a commercial vehicle accident or a building collapse due to negligence can lead to such claims, with each victim seeking individual compensation.
- Toxic exposure mass torts: These are a subset of environmental claims focusing on hazardous substances like asbestos, mold, or pesticides. In New York, asbestos-related lawsuits remain prominent due to its historical use in construction, which led to mesothelioma and other illnesses among exposed workers or residents.
Our mass tort lawyers in New York City have extensive experience with most mass tort claims. We will review your case for free and lay out your legal options.
Types Of Mass Tort Injuries
The types of injuries in a mass tort claim depend on the type of case and product involved. Examples of mass tort claim injuries in New York City are:
- Defective drugs: Dangerous pharmaceuticals like opioids, proton pump inhibitors, or chemotherapy drugs like Taxotere. Injuries may include organ damage, chronic illnesses, and permanent physical impairments.
- Defective medical devices: Faulty hip implants, hernia mesh, or IVC filters. Injuries may include internal bleeding, infections, chronic pain, device migration, or the need for corrective surgeries.
- Toxic exposure: Contaminated drinking water, Roundup, or asbestos exposure. Injuries may include cancer, nerve damage, developmental or reproductive issues.
- Environmental disasters: Chemical spills, industrial pollution, or gas explosions. Injuries may include respiratory conditions, burns, traumatic injuries, or long-term health effects such as leukemia from benzene exposure.
- Consumer product defects: Recalled vehicles for defective parts, unsafe household goods, or contaminated food products. Injuries may include broken bones, lacerations, poisoning, and severe allergies.
- Mass transportation: Train and subway derailments, bus and plane crashes. Injuries may include broken bones, burns, crush injuries, head trauma, spine injuries, and death.
- Workplace accidents and exposure: Construction sites, toxic chemicals, and ingredient exposure, such as the 9/11 World Trade Center disaster.
Fighting the Insurance Company
Insurance issues in mass tort cases in New York can be complex and multifaceted, so you should always retain a mass tort attorney immediately. Mass torts typically involve numerous claimants seeking compensation for injuries caused by a common defendant, such as a corporation responsible for defective products.
Insurance plays a pivotal role in these significant cases, yet it frequently becomes a source of contention.
One major issue in a mass tort is a potential lack of insurance coverage. Defendants in mass tort claims, such as companies facing claims over pharmaceuticals, medical devices, or environmental hazards, rely heavily on liability insurance to fund settlements or judgments.
Damages Can Quickly Exceed Insurance Coverage
However, the sheer scale of mass tort litigation can quickly exhaust policy limits. In New York, where litigation is often aggressive and claimant numbers can soar, insurers may find their reserves depleted, leaving defendants to cover additional costs out of pocket or file for bankruptcy.
This is a common issue in long-tail claims, such as asbestos or talcum powder claims, where injuries occur over many years.
Another problem with insurance is disputes over policy terms and coverage triggers. Insurance policies often contain specific conditions, such as occurrence-based or claims-made triggers, determining when coverage applies. In mass torts, pinpointing the occurrence of harm can require a lawyer, especially with latent injuries.
For instance, if a company sold a defective product in New York decades ago but injuries only surfaced recently, insurers might argue over whether the policy applies from the time of sale or the time of diagnosis. These disputes can lead to lengthy lawsuits between the defendant and the insurance company, which delays the plaintiff’s financial recovery.
Regulatory Landscape Makes A Mass Tort Attorney A Must
Last, the regulatory landscape in New York affects insurance issues, especially the Comprehensive Insurance Disclosure Act, which has been in effect since late 2021. This law requires defendants in mass torts to disclose detailed insurance information early in litigation, including policies, limits, applications, etc.
This law increases the burden on defendants.
Therefore, an experienced New York City mass tort attorney should always handle the challenging and complex insurance claim process.
What to Do After an Injury
Do you suspect you have suffered an injury in a mass tort case? The first step in the legal process is to focus on your health. See a doctor as soon as possible to get a proper diagnosis and treatment for your injury.
Explain any details you think might be connected—like exposure to a specific product, drug, or environmental factor so they can document it. Keep records of all medical visits, tests, and treatments.
Second, pinpoint if your injury was part of a larger pattern. Mass torts typically involve many people harmed by the same thing. Perform online research to check if others have reported similar health problems related to the same product.
You can perform Facebook and Twitter searches to see if others complain of the same issues.
Third, contact an experienced mass tort attorney in New York City. These complicated cases usually involve large companies, insurance companies, and many injury victims. You want a lawyer with a proven track record and deep pockets.
Bring any evidence to the attorney, including medical records, receipts, photos, or even product packaging, and explain your situation. They can tell you if your injury fits an existing mass tort or is worth pursuing as a single personal injury claim.
Contact Our New York City Mass Tort Lawyers Today
You can qualify for a New York mass tort claim if many types of products or environments injured you. Our talented mass tort attorneys at Hach & Rose Attorneys at Law are respected trial attorneys who have obtained millions in settlement for injury victims.
Contact Hach & Rose Attorneys at Law today at (212) 779-0057 for a free legal consultation about your mass tort claim.