MASS TORT FAQ

Frequently Asked Questions

What is a mass tort and how does it differ from a class action lawsuit?


Class Action In a class action lawsuit, one person (referred to as the Class Representative Plaintiff) represents the entire group of individuals who have been similarly damaged or injured by the behavior of the Defendant. The Class Representative Plaintiff and the individuals they represent, who have suffered similar damages from the identical wrong, sue the allegedly culpable Defendant in a single lawsuit. A simple example of a class action lawsuit would be a case filed in California against Facebook (Fraley, et al. v. Facebook, Inc. et al.), in which Fraley alleged Facebook misappropirated users' names and likenesses in advertisements called "Sponsored Stories." A settlement was reached in the case, and each member of the class was awarded a check for $15.00. Mass Tort Mass tort cases are similar to class action suits in that a group of people have suffered from a common wrong. However, in mass tort cases, the degree to which people were harmed by the alleged behavior of the Defendant varies, so everyone has an individual claim for their specific injuries and damages and many individual lawsuits are filed. Mass tort cases are most frequently prosecuted due to injuries and damages suffered by a targeted portion of the population as a result of the negligent and/or deceptive marketing of a dangerous prescription drug or medical device or a defective product. An example of a mass tort would be the asbestos lawsuits. Many people suffered from exposure to asbestos before the government began regulating its use in the mid-1970's, but different circumstances surrounding exposure led to different degrees of injury and damage. Among other conditions, some people developed asbestosis (a chronic lung disease), some developed mesothelioma (an aggressive and deadly form of cancer), and some developed non-cancerous conditions ranging in severity from mild and non-life threatening to severe and deadly. Different injuries and damages have led to different awards. According to a recent Mealey's Litigation Report, the average asbestos settlement is between $1,000,000 and $1,400,000.




How long do mass tort cases typically last?


Although each case is unique, the timeframe for mass tort litigation, from initiation to settlement, is typically three (3) to five (5) years.




Will I have to go to trial?


Mass Tort cases are tried to juries in multiple jurisdictions around the country. Based upon the results of these trials and due to our aggressive representation, our mass tort cases and dockets are typically resolved en masse. Due to the sheer volume of clients around the country, only a small percentage of clients actually go to trial.




How much have drug and medical device companies had to pay in the past?


Recent mass tort settlement examples include: In 2012, GlaxoSmithKline was ordered to pay $3 billion. This amount included $1 billion for criminal off-label drug promotion and failure to disclose safety data and $2 billion in civil damages for harm caused by 10 of its drugs, one of which was Zofran. The average settlement for Zofran plaintiffs was $600,000. In May of 2014, Pradaxa manufacturer Boehringer Ingelheim was accused of failing to adequately warn patients about Pradaxa's potenial risk for severe internal bleeding. They agreed to settle 4,000 lawsuits for $650 million, creating an average settlement of $162,500 per case. Over 100,000 transvaginal mesh lawsuits have been filed against manufacturers Boston Scientific, Coloplast, Cook Medical, C. R. Bard, Endo Pharmaceuticals and subsidiary American Medical Systems, and Johnson & Johnson and subsidiary Ethicon. Although cases are still pending, one source estimates patients with one revision surgery are receiving average settlements of $140,000-$160,000 and those with two revision surgeries are receiving average settlements of $300,000 - $600,000.




What can I expect after I contact you?


After you contact us, an attorney will contact you to discuss the details of your case. The Crouch Firm prides itself on client communication and aggerssive representation. We will gather and document all the information necessary to be in a position to pursue your case with relentless determination.




How are Paul Crouch and The Crouch Firm, PLLC compensated for representing their clients?


There are no up-front costs for our clients. Neither The Crouch Firm, PLLC nor attorney Paul Crouch charge any costs or fees unless a client recovers damages. If a client receives an award, the firm/attorney may charge a percentage of the award as a contingency fee.




Do you represent clients nationwide?


Yes, we represent clients across the United States and have affiliations which enable us to practice in all courts coast-to-coast.




If you represent me, will I need to travel to meet with you? Will I need to appear in court?


No travel is required for the firm/attorney to evaluate your case and represent you. Court appearances are extremely rare.




Why should I choose Paul Crouch and The Crouch Firm, PLLC?


Paul Crouch founded The Crouch Firm in 2013 specifically to prosecute Mass Tort causes of action on behalf of thousands of injured individuals across the nation due to mass ingestion of dangerous prescription drugs and/or mass use of dangerous products. Mr. Crouch has over 25 years of litigation experience including managing and working all aspects of Mass Tort litigation. As an experienced litigator, he has a proven track record of successfully identifying, marketing, and building Mass Tort dockets and is actively involved in the processing and handling of these cases and dockets. Whether handling or establishing and overseeing Mass Tort dockets as a litigator, Paul Crouch has been responsible for and directly involved in dockets which have resulted in well over $100,000,000.00 in awards and settlements and is dedicated to bringing the same excellent client communication and aggressive representation to you and your case. Additional information on Mr. Crouch and his career can be found here.





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