What happens when a product injures hundreds, or even thousands, of people? How can all of these individuals possibly stand up against a massive corporation with seemingly endless resources?
This is where a mass tort action comes in. It’s a legal tool that allows a large group of people who have been similarly harmed by the same product or company to band their cases together. This levels the playing field, giving individuals the collective power to hold corporate negligence accountable.
If you suspect your injury was caused by a widely distributed product, we’re here help you understand your options. For a straightforward, no-cost evaluation of your case, call Kurtz Riley Law Group at (623) 303-5754.
Why Choose Kurtz Riley Law Group for Your Mass Tort Claim?
When you're deciding on a law firm, you need a team that sees you as an individual, not just another case file. At Kurtz Riley Law Group, our practice is built around innovative strategies and a genuine commitment to the people we represent.
- We Thrive on Challenging Cases: Our founding attorneys, Austin Kurtz and Brian Riley, built this firm to tackle difficult litigation. We have a history of securing significant results, from a $1 million settlement for a motorcycle accident victim to pursuing a wrongful death lawsuit against the State of Arizona.
- Our Focus is Singular: Injury Law: We dedicate our practice to complex injury claims. This sharp focus gives us a deep well of knowledge on the medical and legal issues that define mass tort cases. It's why Austin Kurtz has been recognized in "Best Lawyers: Ones to Watch® in America" for his work in Product Liability and Medical Malpractice Litigation.
- A Modern, Technology-Forward Firm: We use sophisticated technology and case management systems to organize information. For you, this means we can be more efficient, more responsive, and give your case the personalized attention it requires.
- You Pay Nothing Unless We Secure a Recovery: We manage mass tort cases on a contingency fee basis. Simply put, our fee is a percentage of the compensation we win for you. If there is no recovery, you owe us nothing.
What Exactly Is a Mass Tort?
A mass tort is a legal action that groups many individual lawsuits, all filed against the same defendant, for a single, coordinated process.
How Is Each Individual Case Handled?
Your case always remains yours. While all the cases are grouped for pretrial matters like gathering evidence (a process called discovery), the compensation you may receive is calculated individually. Any settlement or verdict is based on the severity of your unique harm, not averaged out among a large group.
What Does This Mean for You?
This structure gives you a fighting chance. By joining with others, you gain access to shared evidence and expert testimony that would be almost impossible to develop on your own. When hundreds of people demonstrate a similar pattern of injury from the same product, it becomes very difficult for a corporation to claim the harm was an isolated incident. Our firm manages the coordination and procedural work so you can concentrate on your health.
How Is a Mass Tort Different From a Class Action Lawsuit?
People sometimes use the terms "mass tort" and "class action" as if they mean the same thing, but in the eyes of the law, they are very different.
The Core Difference Is Individuality
Class Action: In a class action, a large group of people is treated as a single legal entity, represented by one "class representative." Any settlement or verdict is usually divided among all members of the class, which frequently results in smaller, identical payments. The specific details of your individual harm are not the main focus.
Mass Tort: As mentioned earlier, in a mass tort you are part of a group, but your lawsuit is still your own. We must prove that the defendant's actions caused your specific injuries, and your compensation is calculated based entirely on your personal damages.
When Is One Used Over the Other?
Class actions are typically used when the damages for each person are very similar and often minor. A classic example is a bank that illegally charges thousands of customers a $15 fee. A mass tort is the better tool when one product causes different types of injuries with varying levels of severity. For instance, a defective medical device might force one person to undergo multiple corrective surgeries, while another person suffers from chronic pain from the same device.
Our team will determine the correct legal path for your situation to best protect your interests.
Common Mass Tort Claims We See in Arizona
As a major distribution point for countless goods, Phoenix and the surrounding communities unfortunately become ground zero when one of those products is dangerous. Here are some common types of claims a Phoenix mass tort lawyer handles.
- Defective Medical Devices: These include products intended to help but that end up causing more harm. Lawsuits have been filed over hernia mesh implants that allegedly caused infections and organ damage, or faulty hip implants that failed prematurely.
- Dangerous Pharmaceuticals: A prescription or over-the-counter drug might later be linked to serious side effects that weren't disclosed. For example, the heartburn medication Zantac was recalled after it was found to contain a probable human carcinogen.
- Toxic Substance Exposure: Arizona's industrial and agricultural history has left a legacy of environmental contamination in some areas. Mass torts may result from community exposure to chemicals like asbestos or from contaminated groundwater. Several Superfund sites exist in Maricopa County because of contamination from industrial solvents and other hazardous waste. For example, Arizona has joined other states in suing manufacturers of "forever chemicals" (PFAS) for contaminating state water supplies.
- Faulty Consumer Products: This is a wide-ranging category that includes everything from defective car parts that cause accidents to electronics that present a fire risk. If a product you used as intended caused an injury, the manufacturer may be held responsible.
What Kind of Compensation Is Possible in a Mass Tort Claim?
The purpose of compensation is to provide financial support for the losses you've suffered because of the injury. Arizona law allows you to pursue payment for different types of damages, which fall into two main categories.
Economic Damages
These are the direct, measurable financial losses you have incurred. They include:
- Medical Expenses: Every cost related to your injury, from hospital stays and surgeries to prescription medications, physical therapy, and any future medical care you may need.
- Lost Wages: The income you lost because you were unable to work during your recovery.
- Loss of Earning Capacity: If the injury permanently impacts your ability to earn a living, you may be compensated for this future loss.
Non-Economic Damages
These damages compensate you for the non-financial ways the injury has affected your life, which are just as real. They cover:
- Pain and Suffering: For the physical pain and emotional distress caused by the injury.
- Loss of Enjoyment of Life: For the ways the injury has taken away your ability to engage in hobbies, activities, and the parts of life you once enjoyed.
Punitive Damages
In certain situations where a company's behavior was especially reckless, Arizona law allows for punitive damages. These are not meant to compensate you for a loss but to punish the defendant and deter similar conduct from happening again. To get these damages, we must present clear and convincing evidence that the defendant acted with an "evil mind." This legal standard means showing the company knew its actions created a substantial risk of serious harm to others but went ahead anyway.
Comparative Fault
Arizona uses a pure comparative fault rule. This means that if you are found to be partially responsible for your injuries, your compensation is reduced by your percentage of fault. Our job is to build a case that clearly shows how the defendant is responsible for the harm you endured.
The Steps of a Mass Tort Claim
Our firm manages every step, but here is a general overview of what to expect:
- Initial Investigation: We start by conducting a deep investigation into your claim. This involves gathering your medical records and other evidence to build a strong link between your injury and the defendant's product.
- Filing the Lawsuit: Once we have a solid foundation, we file a formal complaint in the correct court on your behalf.
- Consolidation (MDL): Your case will likely be grouped with other similar cases into what is called Multidistrict Litigation (MDL). This is done to make the evidence-gathering phase more efficient by having one judge oversee all the related cases.
- Discovery: This is the formal process where lawyers for both sides exchange information, documents, and evidence. It is usually the longest part of the litigation.
- Bellwether Trials: To test legal arguments and see how juries might react, a few representative cases, known as "bellwether" cases, are selected for trial. The outcomes of these trials become the basis for negotiating settlements for all the remaining cases.
- Settlement or Trial: The majority of mass tort cases are resolved through a settlement agreement. If a fair settlement cannot be reached, your individual case could then proceed to its own trial.
Frequently Asked Questions About Mass Tort Lawsuits
How long do I have to file a mass tort claim in Arizona?
In Arizona, the statute of limitations for most personal injury and product liability claims is two years from the date you discovered (or reasonably should have discovered) your injury. However, these timelines might be tricky. In cases involving toxic exposure, an injury might not become apparent for many years. It's always best to speak with an attorney as soon as you suspect a problem.
What if the product was recalled? Can I still file a lawsuit?
Yes. A product recall is separate from a personal injury claim. A recall is an administrative action, usually by a government agency or the company itself, to get a dangerous product off the market. A lawsuit is a legal action you take to seek compensation for the specific harm that product already caused you.
I’m not sure if my injury is related to a specific product. What should I do?
The best first step is to talk with our team. We can review your medical history and the details of your injury. We have experience investigating these links and work with medical and scientific experts to determine if a product is likely the cause of your harm.
Do I have to testify in court?
It is very unlikely. The vast majority of mass tort cases are resolved through large-scale settlements before they ever go to trial. While there is always a small possibility your case could be chosen as one of the bellwether trials, it is not something most clients will ever have to do.
Take the First Step with Kurtz Riley Law Group
If you believe a defective product or dangerous substance has harmed you, you do not have to find the answers on your own. Holding a large corporation accountable requires a legal team with the resources, knowledge, and resolve to see the case through.
Our team at Kurtz Riley Law Group is ready to listen to your story and explain your legal options in a clear, straightforward way. Your consultation is free and confidential.
To find out how we can help, contact us today. Call (623) 303-5754 to speak with a member of our team.