Is it financially beneficial for me to pursue a mass tort lawsuit after being hurt by a defective medical device?

We understand your question. Filing or joining a mass tort lawsuit is an important decision. Like all of life’s important decisions, it is important to consider the pros and cons, or benefits and costs, before you decide what course of action to take. Even if you were hurt by a medical device and your injury was caused by the pharmaceutical company that made the medical device, it only makes sense to pursue legal action if the potential benefits of a legal action outweigh the costs.

Possible Damages in a Defective Medical Device Mass Tort Lawsuit

The benefits of a medical device injury case are the damages that you may recover if your case is successfully settled or if the court returns a verdict in your favor. We can’t tell you the value of your potential damages in the answer to a frequently asked question—and you should be wary of any lawyer who claims to be able to give you a fast online quote. The simple reason for this is that each recovery is based on unique circumstances such as:

  • The extent of your injury.
  • The quality of the evidence that you have that links the design, marketing, or manufacturing of the medical device to your injury.
  • The strength of the arguments that you make to the insurance company or the court.

These factors will impact the dollar value of your recovery. In general, however, you should be able to recover for your past, current, and future:

  • Medical expenses. All of your health care costs including, but not limited to, hospitalizations, surgeries, doctors’ appointments, medications, physical therapy, and other rehabilitation therapies should be part of your recovery.
  • Lost income. If you are unable to work because of your medical device injury, then you should be able to recover for the income that you were or will be unable to earn. This may include wages, benefits, bonuses, and income from self-employment, for example.
  • Out-of-pocket costs. Any bills that you have that you would not have had but for your medical device injury should be part of your recovery. Depending on your unique circumstances, this could include things like modifications to your home or help around the house.
  • Physical pain and emotional suffering. The physical pain and emotional suffering that you experience from your medical device injury may be your most significant damages. While it is impossible to put a precise price tag on these damages, an attorney can help you value them based on your unique injuries and the impact of those injuries on your life.
  • Other damages. In some cases, for example, punitive damages that are designed to punish the pharmaceutical company may also be possible.

Additionally, you may feel a moral obligation and a sense that justice has been done by holding the pharmaceutical company accountable for its negligence. Your action will hopefully prevent the pharmaceutical company, and other pharmaceutical companies, from acting without due care for patient safety in the future.

What About the Costs of a Mass Tort Lawsuit?

While every lawsuit has costs—such as court costs, discovery expenses, and lawyer fees—mass tort actions are typically more financially efficient than individual lawsuits. You will be able to share in the costs with other people who join you in the mass tort action. At the same time, you retain control of your own individual claim, and you won’t have to divide or share the settlement or verdict with other plaintiffs the way you would have to do in a class action case.

Call a Mass Tort Lawyer for a Free Personal Case Evaluation

Since every medical device injury case is unique, it is important to understand what you have at stake so that you can weigh your own benefits and costs and decide whether or not to pursue a mass tort action.

Our experienced lawyers can help you with that. We can review your claim and your injuries and advise you of your rights so that you can make an educated decision. Call us or contact us via this website at any time to schedule your free, no-obligation consultation with us.

 

John L. Keefe
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Founding Attorney, Massachusetts Social Security Disability Lawyer