Mass Torts

Military veterans are vulnerable to injuries and illnesses caused by defective products, but a personal injury attorney can help hold the negligent party accountable for damages.

Summary

• Mass tort cases involve a group of people harmed by another’s negligence.
• Products with design flaws or manufacturing defects are often the basis of mass tort claims.
• Veterans with service-connected disabilities may face additional risks from flawed products like defective medical devices.
• Notable mass torts affecting veterans include the Suboxone tooth decay cases, Ozempic stomach paralysis claims, CPAP cancer lawsuits, and AFFF firefighting foam claims.

When a company fails to create or manufacture a safe product, the result is often a group of people are harmed by their negligence. This is known as a mass tort.

The types of mass tort cases that veterans are more likely to encounter involve injuries caused by taking a defective medication to treat a service-related condition or using a dangerous product during their military service.

As veterans disability attorneys, our team at VetLaw has helped vets from all over the country overcome obstacles to receiving compensation. We value each client and strive to provide them with the best legal guidance possible. Don’t hesitate to give us a call at (855) 500-4672 or fill out a contact form today.

Why You Should Hire VetLaw to Guide Your Case

Even if you have been through the VA disability claims process, filing a claim attributing a service-related disability to a specific product can be difficult. For the best chance of successfully securing VA disability benefits, you should hire a detail-oriented and determined team. At VetLaw, we can offer you what you are looking for. 

Appeals for veterans disability claims can take years to settle, so you want to ensure that you choose the right legal team from the start. We have ample experience, great references, and a reputation for getting results. Our team is ready to provide you with comprehensive legal services for your veterans disability mass tort claim.

Make Your Decision With the Help of Our Reviews and Case Results

We take our responsibility to advocate for our clients seriously, and it is reflected in our case results. As our client, you will have our unwavering support and attention. We encourage you to see what our former clients have said about VetLaw so that you can feel confident moving forward. These are a few quotes from satisfied Vet Law clients:

“VetLaw is a Five Star law service. Thank you for all the wonderful help.”

“From my experience VetLaw puts the Veteran above all else. I would not hesitate to have them represent me again. They only get paid if the Veteran gets paid and they don’t take anything they don’t earn. TRUST and RESPECT are two words I’d use to describe them.”

“It’s been a process but with VetLaw it made it a bunch easier. Thank you for all you did.”

Elements of a Mass Tort Case

Mass torts refer to cases where multiple plaintiffs have been injured by the same set of negligent behaviors. The party who committed the civil violations against the group can potentially be liable for their damages. While most mass torts involve a flawed product, such as a medical device, there are other types of cases, such as water contamination claims.

Military veterans may be eligible for compensation in mass tort cases pertaining to harmful products they used during or after their service. If the defective product caused or aggravated a service-related injury, you may be able to pursue VA disability benefits. 

However, if you were injured by a product but it was not connected to a service injury, read this page on mass tort claims for more information about your legal options. In that situation, you would likely need to file a product liability lawsuit against the negligent party to recover compensation.

 The key tenants of a mass tort claim include:

• A group of people were harmed by another party’s failure to fulfill their duty of care
• The same negligent actions are responsible for the plaintiffs’ injuries
• Plaintiffs suffered similar injuries as a result, often from a defective product or drug
• The same individual(s) or entity is at fault for the malfunction

When a manufacturer conceals or downplays the health risks of their product, they can be found liable for their negligence. Manufacturers can also be considered legally responsible if they reasonably should have known about the risks of their product. 

How Military Service Can Increase Veterans’ Risk of Being Harmed by Defective Products

Military service entails taking risks. As many veterans know first-hand, exposure to chemicals and toxins, operating under hazardous conditions, working with dangerous materials or equipment, and the physically intense nature of the military can take a toll on the body. 

Oftentimes, this results in service-related disabilities, including cancer, chronic conditions like heart disease, and traumatic injuries. Unfortunately, sometimes it is the same gear and equipment that are meant to protect veterans from harm that put them at risk. 

The 3M earplug lawsuits are a classic example. While the mass tort case against 3M is mostly settled, many veterans may be familiar with these claims. The flawed design of these earplugs produced a staggering number of VA disability claims for hearing loss from vets who were exposed to unsafe noise volumes in combat and training.  

Flawed Medical Devices and Dangerous Drugs Can Harm Vets With Service-Connected Disabilities 

Additionally, veterans can endure further health complications if they are provided with defective medical devices or flawed drugs to treat their service-connected conditions. For example, consider a Marine Corps veteran who develops kidney cancer after sustaining high-level PFAS exposure from Camp Lejeune’s toxic water supply. 

To treat the cancer with chemotherapy, they receive a Bard PowerPort implant. The port-catheter device is defective and begins deteriorating. That causes a blood clot that induces a heart attack. The veteran now has to contend with cardiac damage that could have been avoided if the medical device hadn’t been prone to decay. 

Examples of Major Mass Torts Currently Impacting Veterans

Several of the most prominent mass tort cases happening right now involve products, particularly medications and medical devices, that are used to treat common service-related disabilities. That means veterans may be at a greater risk for serious injuries or illnesses from these defective products.

The following are a few ongoing mass torts that affect veterans.

Suboxone Tooth Decay Claims

Vets who struggle with drug addiction after suffering a serious service-related injury may turn to Suboxone to get clean. However, the sublingual film strips are causing devastating and rapid tooth decay. The Suboxone tooth decay plaintiffs say the manufacturer had a legal obligation to make that risk public.

Ozempic Stomach Paralysis Claims

Military veterans may obtain prescriptions for this drug to treat obesity caused by a service-related injury or Type II diabetes from service exposure to toxins like Agent Orange. After users reported stomach paralysis from taking Ozempic, it quickly became a mass tort issue.

CPAP Cancer Claims

After exposure to toxic burn pits, many veterans developed service-related disabilities, including sleep apnea. The standard treatment for this is usually a CPAP breathing machine that helps the user regulate their oxygen intake while they sleep. 

There is currently a mass tort case against CPAP manufacturers because they didn’t warn users that the foam lining of the devices tends to crumble and flake. When inhaled, the foam particles can damage the respiratory system and cause cancer.

AFFF Firefighting Foam Claims

Veterans who used or trained with AFFF firefighting foam during their time in the military are at risk for a host of medical problems due to the dangerous concentrations of PFAS in the substance.

Military personnel are seeking compensation for their damages from the manufacturers. They contend the defendants did not alert users that contact with AFFF entailed exposure to carcinogens.

Our Veterans Disability Attorneys Will Provide the Robust Services You Need in Your Mass Tort Case

Despite vetting systems, like the FDA approval process for drugs, defective products still enter the market. The VA disability claims lawyers of VetLaw are capable of giving you the legal support you need to secure disability benefits after a flawed product causes a service-related disability.

We will assess your veterans disability benefits claim to determine the most effective way to help you. Our team of experts will take charge of documenting the defect that led to your injury.

We will also work on demonstrating the severity of your service-related disability. After that, we will focus on helping you appeal to the VA so you can afford the support you need. 

Contact Our Trusted Team of Mass Tort Lawyers About Filing a VA Claim

Finding the right veterans disability claims denial lawyer to manage your VA claim can be an intimidating task. At VetLaw, we will work tirelessly to prove ourselves to veterans who have been harmed by mass tort cases, as we do for any vets seeking VA disability appeals. You can rest assured we have the necessary skills and experience to represent you effectively.

Our steadfast veterans disability mass tort attorneys will take the time to answer your questions and clarify any VA procedures. We’ll keep you informed about what to expect as your case progresses. Give us a call at (855) 500-4672 or fill out a contact form today to schedule a free consultation with our team.

Frequently Asked Questions

Can I file a VA disability claim and a mass tort claim for the same injury?

You may be able to file for disability benefits with the VA and pursue compensation through a personal injury claim. However, keep in mind that the VA and civil courts have different eligibility standards. Just because you are a veteran with a mass tort case does not mean you meet the requirements for a VA disability claim, and vice versa.

To secure VA disability benefits, your illness or injury must be service-related, or a Secondary Condition connected to a service-related disability. To file a personal injury claim for a mass tort issue, you’ll need to demonstrate that the defendant was negligent. Then, you need to prove that their recklessness led to your injuries.

Are mass tort claims the same thing as class action lawsuits?

Generally speaking, class actions are mass tort issues. However, not all mass tort cases are processed through the legal system as class actions. Plaintiffs who were harmed in a case of mass tort can also pursue compensation via a multidistrict litigation.

What types of damages can I recover in a mass tort claim?

Personal injury claims offer plaintiffs two types of financial reimbursement: compensatory damages and punitive damages. A mass tort lawyer will help you focus on documenting your compensatory damages. This includes the economic and non-economic losses resulting from your injury. 

While courts are typically more inclined to award punitive damages in mass tort claims, they are reserved for exceptional circumstances. Punitive damages are essentially a reprimand for the defendant’s actions.