Mass Torts
O’Mara Law Group has extensive experience representing clients in mass tort lawsuits. The companies and entities responsible for the injuries sustained by large numbers of people in mass tort cases must be held accountable for the harm they have caused. Mass tort lawsuits have the potential to change the way large corporations operate and to protect others from negligence.
A tort is a civil wrong that causes harm to an individual. In a tort lawsuit, the plaintiff must be able to prove the defendant injured them intentionally or through negligence.
A mass tort lawsuit involves multiple plaintiffs against one or more defendants. To file a mass tort lawsuit, plaintiffs must have been harmed in a similar way by the same product or event. Mass torts allow the plaintiffs to seek compensation for their individual injuries; the extent of their damages will be considered separately.
Some of the most common mass tort cases involve dangerous products, catastrophes, exposure to toxic substances, defective drugs and medical devices, and natural disasters.
You and all others who shared a similar experience from intentional or negligent harm are entitled to compensation. The O’Mara Law Group works diligently to obtain just compensation for mass tort clients.
Overview of Mass Tort Cases
A mass tort lawsuit is filed to expedite the litigation process. Lawsuits concerning dozens, hundreds, and even thousands of plaintiffs can take years to resolve and cost millions of dollars.
Multidistrict Litigation (MDL)
Multidistrict litigation (MDL) consolidates civil lawsuits of similar nature in a single federal district court for pretrial proceedings and discovery. Since mass tort cases often involve plaintiffs from across the country, an MDL streamlines the lawsuit process in the beginning stages.
In multidistrict litigation, settlements are often reached at this point.
Active Investigations and Litigation
Mass tort litigation can take many forms. At O’Mara Law Group, we are experienced in handling a diverse range of lawsuits for our clients. Current mass tort claims for which we are prepared to represent clients include product liability, including actions against Philips and Exactech, and environmental lawsuits, including Camp Lejeune water contamination claims.
Camp Lejeune Lawsuit
From August 1, 1953, to December 31, 1987, as many as one million military and civilian personnel may have been exposed to contaminated water at Camp Lejeune.
The military first knew about the contamination in 1982 but did not take action until 1985. Unfortunately, North Carolina’s statute of repose prevents victims from filing a civil lawsuit more than ten years after the last cause of action.
In 2012, a bill was passed to allow affected individuals to receive Veteran Affairs (VA) benefits. On March 26, 2021, the Camp Lejeune Justice Act took effect. The legislation provides victims of the water contamination at Camp Lejeune to circumvent the North Carolina statute of repose to file a lawsuit and seek compensation.
CPAP Lawsuit
In 2021, Philips recalled millions of BiPAP, CPAP, and mechanical ventilator machines due to a defect with the polyurethane foam used for sound reduction.
The foam was found to degrade, resulting in users inhaling small, dangerous particles and toxic fumes. For many, this exposure led to pain, sickness, and even death. It requires medical intervention and treatment to prevent permanent damage.
A product liability CPAP lawsuit is filed in every state and is being handled as multidistrict litigation. In July 2022, lawyers began completing pretrial discovery. The trial has not yet begun.
Exactech Lawsuit
Exactech is a large company that produces products for knee and ankle joint replacement.
On August 31, 2021, Exactech announced a recall due to faulty packaging that impacted products from as early as 2004. The packaging included an oxygen-resistant vacuum bag but failed to include a second layer with ethylene vinyl alcohol, which is required for this specific product.
As a result, oxygen permeated the packaging, causing the product to oxidize and wear prematurely. Once the product starts to degrade, debris is released into surrounding tissue in the individual, causing adverse reactions. To date, no lawsuits have been filed against Exactech. However, a large number of civil claims is to be expected.
Paraquat Lawsuit
Paraquat dichloride is an herbicide used for killing weeds in the commercial farming industry. It is permitted only for commercial use by licensed applicators and has been used since the 1960s.
Prolonged exposure to paraquat has been linked to various degenerative disorders, including Parkinson’s disease. Paraquat poisoning can occur through ingesting, inhaling, or coming into direct contact with the herbicide.
Farmers and laborers are at high risk for exposure, as are people who live near commercial farms or share a water source with one. Paraquat lawsuits are currently being handled in a class-action lawsuit that is pending trial.
The O’Mara Law Group is accepting clients for these existing and impending lawsuits.
Contact O’Mara Law Group Today
If you or a loved one has been harmed or developed an illness due to a defective product, catastrophic event, or harmful substance, contact O’Mara Law Group today.
Our mass tort lawyers will inform you of active litigation related to your claim, search for potential plaintiffs, or launch a mass tort claim on your behalf.
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