An injury linked to a medication, medical device or consumer product does not automatically mean you qualify for a mass tort. There is no universal test for whether an individual claim fits a particular mass tort. The answer depends on the litigation involved and the facts of your situation.
What conditions may point to a mass tort?
Certain patterns often appear when mass tort litigation develops. Multiple people may allege harm from the same or similar product, medication, device or conduct. Their claims may involve similar factual or legal issues and arise from the same alleged source of harm.
Being injured by a product does not automatically mean a mass tort exists or that your claim qualifies to participate in one. Your claim generally needs to involve the product, conduct or circumstances at issue in the particular litigation.
Why does your individual injury still matter?
Mass tort litigation can involve many people with related claims, but each person’s circumstances may differ. Your injury, medical treatment, losses, exposure or use of the product and other facts can affect whether your claim fits within a particular proceeding.
Your individual damages also matter. Two people injured by the same product may experience different injuries, financial losses and long-term effects. Medical history, employment and the expected impact of an injury can all be relevant when evaluating a claim.
How can you determine whether your claim fits?
Start by identifying the product, medication, device or conduct you believe caused your injury. Keep records of your medical treatment, expenses, losses and relevant information about your use or exposure. You may have reason to explore a potential claim if others have reported similar injuries, regulators have issued warnings or litigation already exists involving the same alleged harm.
Because filing deadlines may apply, do not wait to investigate. Similar injuries may warrant further review, but they do not establish eligibility on their own. An attorney can review your circumstances and help you understand whether an existing mass tort proceeding may apply to your claim.