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Negligence in Mass Tort Litigation

Many mass tort cases are based on a theory of law called negligence. Negligence occurs when a party or parties owe a duty to another party and breach that duty, causing harm. In other words, the party at fault has failed to exercise due care, creating an unreasonable risk of harm. In mass tort cases, this generally occurs when a company breaches its duty of care owed to consumers or customers, resulting in injury. If a company is negligent and therefore liable for the harm, the injured party may be entitled to compensation.

At Wisner Baum, our attorneys can explain how negligence works in mass tort litigation, including the theories that make up the legal principle, the role of regulatory agencies, and how to file a legal claim.

What Is Negligence in Legal Terms?

Negligence is a legal theory on which many mass tort cases are based. A company may be found negligent if it fails to exercise reasonable care, resulting in injury or harm to another person. There are four basic elements to negligence: duty, breach, causation, and damages. To file a successful claim, each element must be met.

A mass tort lawyer can help to determine the legal theories on which to base a claim. In many instances, the filing will include multiple allegations, including that the defendant was negligent. In mass tort litigation, the sole difference is the number of plaintiffs. When a large number of people are injured by the same product or class of products, it may become mass tort litigation. Legal theories, however, remain the same and are simply scaled to accommodate the large number of plaintiffs who suffered harm because of the breach.

How Negligence Applies in Mass Tort Litigation

In mass tort litigation, negligence is scaled to the number of plaintiffs who experienced harm. A court may look at things like repeated design failures or ignored safety tests to establish a pattern of negligence. Due to the intricacies of handling hundreds or even thousands of similar lawsuits, courts may consolidate mass tort cases into multidistrict litigation (MDL). An MDL allows individuals to take advantage of a streamlined pre-trial process while still having their own cases.

A mass tort lawyer can help to determine what evidence may be necessary to substantiate any claim. Evidence may include internal memos, whistleblower reports, and regulatory actions.

Elements of a Mass Tort Negligence Lawsuit

Elements of negligence remain the same in a mass tort lawsuit as in any other type of claim, however, mass tort cases often add more complications simply due to the size. Mass tort litigation generally involves multiple defendants, hundreds if not thousands of plaintiffs, and shared evidence.

Duty of Care

The first element of negligence requires that the party accused of committing the tort owed a duty of care. Duty of care generally arises out of the relationship between the two parties.

For example, a manufacturer owes a duty of care to a consumer to ensure that the products are safe for use. The standard is one of reasonableness. The party must exercise reasonable care and avoid an unreasonable risk of harm.

Breach of Duty

A breach of duty occurs when a party fails to meet the standard of care required by law. In essence, the party failed to act as a reasonable person would in similar circumstances.

In mass tort litigation, the elements are often applied to a manufacturer who designed a defective product, the maker of a dangerous drug, or a food company that sold toxic baby food.

Causation

The third element of negligence is causation, and it is often the most difficult to prove. Causation requires a link between the breach of duty and the harm. If it cannot be shown that the defendant’s breach was the actual or proximate cause of the injury, then the case may not be successful. Causation is often proven through evidence such as purchase receipts, scientific studies, expert testimony, and other sources.

Damages

The final element of negligence is damages. Plaintiffs must show that they had actual losses as a result of the breach. Damages, however, are not limited to financial losses. Individuals may also be entitled to damages for physical injuries, wrongful death, medical bills, emotional distress, and more.

Negligence Allegations in Mass Tort Cases

Wisner Baum has handled a wide range of mass tort cases based on the theory of negligence. Attorneys with the firm have been pivotal in ensuring that negligent corporations are held accountable for their conduct and that justice is served. Below are some examples of mass tort cases in which negligence is alleged:

Toxic Baby Food

Attorneys with Wisner Baum are currently investigating and accepting claims related to toxic baby food. It is alleged that commercial baby food manufacturers in the United States breached the duty of care owed to consumers by producing unsafe food. Legal documents allege that most baby food sold in the US contains dangerous levels of toxic heavy metals that can cause developmental and behavioral disorders.

Antipsychotic Drugs

Drug companies also have a duty of care to patients and practitioners to ensure that their products are safe and contain adequate warnings of side effects. Pending litigation against the makers of antipsychotic drugs, such as Risperdal, Invega, and Zyprexa, alleges the companies knew or should have known that the drugs increased a person’s risk of developing breast cancer. Arguments include that the drug companies breached their duty of care by putting a prescription drug on the market that was unsafe for consumption and failing to warn about its risks.

Dexcom Glucose Monitors

As with drug companies, the makers of popular medical devices also have a duty of care to ensure their products are safe. Unfortunately, the Dexcom G6 and G7 continuous glucose monitors allegedly contain a defect that makes their readings inaccurate. Patients, relying on these glucose readings, can give themselves too little or too much insulin, resulting in serious harm. Dexcom litigation remains ongoing as additional victims come forward.

The Role of Regulatory Agencies in Establishing Negligence

Regulatory agencies may also play a key role in establishing negligence. Federal agencies such as the US Food and Drug Administration (FDA), Environmental Protection Agency (EPA), and US Consumer Product Safety Commission (CPSC) can play an important role in establishing negligence.

These agencies set safety standards and oversee compliance in their respective industries. While regulatory noncompliance may be independent of a civil negligence case, it may help to bolster a lawsuit or pending litigation.

Many times, regulatory reports such as recalls or inspection findings can help to strengthen a negligence lawsuit. It may even expose negligence that was unknown prior to the investigation.

Challenges in Proving Negligence in Mass Tort Litigation

Proving negligence in mass tort litigation can be challenging, solely because it requires proving individual harm among a large group of plaintiffs. The sheer size of the litigation can make it difficult to establish common liability. Since each lawsuit remains independent, plaintiffs can have a wide range of damages.

Wisner Baum’s attorneys are well-versed in mass tort litigation and know that in order to overcome these challenges we must utilize expert witnesses, data models, and innovative legal strategies. The defense may argue that the plaintiff contributed to their harm or assumed the risk, but a skilled lawyer can help to defend against these challenges.

How Wisner Baum Attorneys Build a Mass Tort Negligence Case

Wisner Baum attorneys have significant experience and a thorough investigative process to help build a mass tort negligence case. Prior to filing the claim, the firm will investigate the potential case, including looking at and evaluating published studies and journal articles, consulting with experts, determining the standard of care and coming to a conclusion on whether our attorneys believe the company violated the reasonable care standard amounting to a breach.

Wisner Baum has a sizable team of experienced attorneys and support staff to help throughout each phase of the case. Cases start with an initial filing in court that lays out the allegations of the duty and breach, which is followed by a period called discovery in which our attorneys obtain and review the internal documents of the company related to the alleged negligence as well as conducting numerous depositions of company witnesses. Once discovery is complete, experts who have been retained by our attorneys as well as the company’s experts prepare reports and are deposed, at which stage the court will make an evaluation of the experts’ opinions. Finally, assuming the court accepts our experts’ opinions, individual cases will be selected by the court and set for trial to act as bellwether cases for the entire litigation. Our attorneys and staff will communicate with you through each phase of this process, letting you know what is happening and what, if anything, you need to do in order to advance your individual case.

The attorneys at our firm have been recognized as leaders in this industry and will fight to ensure that negligent companies are held accountable for any wrongdoing.

Contact a Mass Tort Attorney

Individuals who were injured due to negligence are encouraged to speak with an attorney as soon as possible. Call (310) 207-3233 to schedule a free, no-obligation case evaluation with a Wisner Baum mass tort litigation attorney. Contact our office today to get started.

What Is Negligence in Legal Terms?

Negligence is a legal theory on which many mass tort cases are based. A company may be found negligent if it fails to exercise reasonable care, resulting in injury or harm to another person. There are four basic elements to negligence: duty, breach, causation, and damages. To file a successful claim, each element must be met.

A mass tort lawyer can help to determine the legal theories on which to base a claim. In many instances, the filing will include multiple allegations, including that the defendant was negligent. In mass tort litigation, the sole difference is the number of plaintiffs. When a large number of people are injured by the same product or class of products, it may become mass tort litigation. Legal theories, however, remain the same and are simply scaled to accommodate the large number of plaintiffs who suffered harm because of the breach.

How Negligence Applies in Mass Tort Litigation

In mass tort litigation, negligence is scaled to the number of plaintiffs who experienced harm. A court may look at things like repeated design failures or ignored safety tests to establish a pattern of negligence. Due to the intricacies of handling hundreds or even thousands of similar lawsuits, courts may consolidate mass tort cases into multidistrict litigation (MDL). An MDL allows individuals to take advantage of a streamlined pre-trial process while still having their own cases.

A mass tort lawyer can help to determine what evidence may be necessary to substantiate any claim. Evidence may include internal memos, whistleblower reports, and regulatory actions.

Elements of a Mass Tort Negligence Lawsuit

Elements of negligence remain the same in a mass tort lawsuit as in any other type of claim, however, mass tort cases often add more complications simply due to the size. Mass tort litigation generally involves multiple defendants, hundreds if not thousands of plaintiffs, and shared evidence.

Duty of Care

The first element of negligence requires that the party accused of committing the tort owed a duty of care. Duty of care generally arises out of the relationship between the two parties.

For example, a manufacturer owes a duty of care to a consumer to ensure that the products are safe for use. The standard is one of reasonableness. The party must exercise reasonable care and avoid an unreasonable risk of harm.

Breach of Duty

A breach of duty occurs when a party fails to meet the standard of care required by law. In essence, the party failed to act as a reasonable person would in similar circumstances.

In mass tort litigation, the elements are often applied to a manufacturer who designed a defective product, the maker of a dangerous drug, or a food company that sold toxic baby food.

Causation

The third element of negligence is causation, and it is often the most difficult to prove. Causation requires a link between the breach of duty and the harm. If it cannot be shown that the defendant’s breach was the actual or proximate cause of the injury, then the case may not be successful. Causation is often proven through evidence such as purchase receipts, scientific studies, expert testimony, and other sources.

Damages

The final element of negligence is damages. Plaintiffs must show that they had actual losses as a result of the breach. Damages, however, are not limited to financial losses. Individuals may also be entitled to damages for physical injuries, wrongful death, medical bills, emotional distress, and more.

Negligence Allegations in Mass Tort Cases

Wisner Baum has handled a wide range of mass tort cases based on the theory of negligence. Attorneys with the firm have been pivotal in ensuring that negligent corporations are held accountable for their conduct and that justice is served. Below are some examples of mass tort cases in which negligence is alleged:

Toxic Baby Food

Attorneys with Wisner Baum are currently investigating and accepting claims related to toxic baby food. It is alleged that commercial baby food manufacturers in the United States breached the duty of care owed to consumers by producing unsafe food. Legal documents allege that most baby food sold in the US contains dangerous levels of toxic heavy metals that can cause developmental and behavioral disorders.

Antipsychotic Drugs

Drug companies also have a duty of care to patients and practitioners to ensure that their products are safe and contain adequate warnings of side effects. Pending litigation against the makers of antipsychotic drugs, such as Risperdal, Invega, and Zyprexa, alleges the companies knew or should have known that the drugs increased a person’s risk of developing breast cancer. Arguments include that the drug companies breached their duty of care by putting a prescription drug on the market that was unsafe for consumption and failing to warn about its risks.

Dexcom Glucose Monitors

As with drug companies, the makers of popular medical devices also have a duty of care to ensure their products are safe. Unfortunately, the Dexcom G6 and G7 continuous glucose monitors allegedly contain a defect that makes their readings inaccurate. Patients, relying on these glucose readings, can give themselves too little or too much insulin, resulting in serious harm. Dexcom litigation remains ongoing as additional victims come forward.

The Role of Regulatory Agencies in Establishing Negligence

Regulatory agencies may also play a key role in establishing negligence. Federal agencies such as the US Food and Drug Administration (FDA), Environmental Protection Agency (EPA), and US Consumer Product Safety Commission (CPSC) can play an important role in establishing negligence.

These agencies set safety standards and oversee compliance in their respective industries. While regulatory noncompliance may be independent of a civil negligence case, it may help to bolster a lawsuit or pending litigation.

Many times, regulatory reports such as recalls or inspection findings can help to strengthen a negligence lawsuit. It may even expose negligence that was unknown prior to the investigation.

Challenges in Proving Negligence in Mass Tort Litigation

Proving negligence in mass tort litigation can be challenging, solely because it requires proving individual harm among a large group of plaintiffs. The sheer size of the litigation can make it difficult to establish common liability. Since each lawsuit remains independent, plaintiffs can have a wide range of damages.

Wisner Baum’s attorneys are well-versed in mass tort litigation and know that in order to overcome these challenges we must utilize expert witnesses, data models, and innovative legal strategies. The defense may argue that the plaintiff contributed to their harm or assumed the risk, but a skilled lawyer can help to defend against these challenges.

How Wisner Baum Attorneys Build a Mass Tort Negligence Case

Wisner Baum attorneys have significant experience and a thorough investigative process to help build a mass tort negligence case. Prior to filing the claim, the firm will investigate the potential case, including looking at and evaluating published studies and journal articles, consulting with experts, determining the standard of care and coming to a conclusion on whether our attorneys believe the company violated the reasonable care standard amounting to a breach.

Wisner Baum has a sizable team of experienced attorneys and support staff to help throughout each phase of the case. Cases start with an initial filing in court that lays out the allegations of the duty and breach, which is followed by a period called discovery in which our attorneys obtain and review the internal documents of the company related to the alleged negligence as well as conducting numerous depositions of company witnesses. Once discovery is complete, experts who have been retained by our attorneys as well as the company’s experts prepare reports and are deposed, at which stage the court will make an evaluation of the experts’ opinions. Finally, assuming the court accepts our experts’ opinions, individual cases will be selected by the court and set for trial to act as bellwether cases for the entire litigation. Our attorneys and staff will communicate with you through each phase of this process, letting you know what is happening and what, if anything, you need to do in order to advance your individual case.

The attorneys at our firm have been recognized as leaders in this industry and will fight to ensure that negligent companies are held accountable for any wrongdoing.

Contact a Mass Tort Attorney

Individuals who were injured due to negligence are encouraged to speak with an attorney as soon as possible. Call (310) 207-3233 to schedule a free, no-obligation case evaluation with a Wisner Baum mass tort litigation attorney. Contact our office today to get started.