When you have suffered a wrong that you know others have also suffered, you might consider filing a lawsuit on behalf of everyone who is in the same boat as you. These kinds of lawsuits are often called class actions, mass tort lawsuits, or multi-district litigation. These kinds of lawsuits can hold a pharmaceutical company responsible for injuries from a prescription drug, a vehicle manufacturer responsible for a faulty car part, or an employer responsible for unsafe workplace conditions. If you were injured in a situation you think may have affected other people as well, contact one of the experienced San Antonio Mass Tort Attorneys at the Law Offices of George Salinas for a free consultation.
Class Action Litigation
In a class action lawsuit, a few people act as class representatives for a much larger group of plaintiffs. Everyone else involved in the lawsuit is a member. The class representatives represent their own interests, along with the members’ interests, even people who are not named in the lawsuit.
The class representatives have certain responsibilities in a class action lawsuit. Any rulings made by the court bind everyone who is a class action member. If you decide to join a class action, you could receive very little money or even no money, whether you are a representative or a member. The amount you receive depends on the number of members and the amount of money the court awards.
If you want to join a class action as a member, you must sign up while the lawsuit is in its early stages. In most cases, you won’t know if the lawsuit will be successful, and if it is, how much money you will get. Once you agree to be a member of a class action lawsuit, you cannot sue the plaintiff(s) for the same cause of action later, regardless of how little money you receive.
If many people file different cases based on the same cause of action against the same company in several federal courts across the country, the federal courts may decide to combine the lawsuits. The many cases become one, and are referred to as multi-district litigation. One federal judge reviews evidence in all of the cases and issues legal rulings.
Additional duties of a multi-district litigation judge include:
- Signing off on any settlements;
- Overseeing the trial proceedings; and
- Dismissing cases when individuals pull out of the multi-district lawsuit.
The judge also appoints a group of lawyers as the plaintiffs’ steering committee to gather and prepare evidence. Multi-district litigation can take years, and lawyers might have millions of dollars tied up in trying to prove the plaintiffs’ case.
If the case comes to a settlement, the court does not force participants to sign on to the settlement. However, should you decide to participate, your case’s facts are evaluated separately from the other plaintiffs’ cases’ facts. Unlike in a class action lawsuit, plaintiffs hear the terms of the settlement, and then can decide whether or not to participate.
Those plaintiffs who cannot come to a settlement—or if all of the plaintiffs reject the settlement—go back to the attorney they initially retained. That attorney then brings an individual case before the court on its own, or may try to reach an individual settlement with the company. Even if one or more plaintiffs back out of the multi-district litigation, they can use the evidence gathered during the multi-district litigation for their own trial.
Mass Tort Litigation
In mass tort litigation, many plaintiffs have similar claims against one or more defendants. Mass tort litigation can be filed in state court or federal court. In most cases, a group of people who suffered damages based on similar causes of action file a lawsuit together against a defendant, usually a corporation. A mass tort lawsuit can be part of multi-district litigation or part of a class action lawsuit.
For example, Company A’s widget injures small children when a small piece breaks off and causes those children to choke and some to die. Parents whose children were injured or killed by choking on the widget sue the company together. In another example, a company allows chemicals from its plant to leak into the water supply for a town and those chemicals cause cancer, so the people affected bring a mass tort case together.
An Attorney’s Roles in Mass Tort Litigation
When you first consider whether you want to participate in mass tort litigation, you start with your personal injury attorney. Your attorney may have other clients with similar causes of action against the same defendant(s). If so, and you agree, your attorney may apply to file a mass tort lawsuit in federal court. The attorneys involved agree who will take the lead on the case. Your attorney may or may not take an active role in the litigation. The lead attorney(s) keep the rest of the attorneys in the loop so they can make sure you get all pertinent documentation regarding the case.
If the federal court notices that several groups of plaintiffs have filed similar tort cases around the country, it may combine the cases into one multi-district case. The court then creates the plaintiffs’ steering committee; the group of attorneys who litigate the case. Your attorney is still available to advise you about the multi-district case whether or not they are on the steering committee.
Should you decide to back out of a mass tort lawsuit, your attorney will advise you about your options. You can settle on your own with the company or pursue separate litigation against the company. Your attorney will describe the pros and cons of staying in the multi-district lawsuit or going up against the company by yourself.
What are Mass Torts?
A Mass Tort occurs when a group of plaintiffs presents a case together to share evidence against a defendant. Unlike Class Action Lawsuits, which share the same judgment, each mass tort case is resolved individually.
Our mass tort areas of focus include pharmaceutical, agricultural, consumer products, medical devices, and statutory damages. When a responsible corporate party fails to ensure the health, safety, or financial security of consumers, the consumer becomes the victim and could be entitled to reparations.
Due to the complexity of mass tort cases, it’s critical that victims seek guidance from our experienced legal team at The Law Offices of George Salinas.
The Bair Hugger, a single-use surgical warming blanket manufactured by the diversified manufacturing company 3M, is intended to assist anesthetized patients in regulating body temperature during surgical procedures. When under general anesthesia, a patient’s body temperature can drop quickly, which can increase the risk of unintentional hypothermia. The Bair Hugger is a forced-air warming system which consists of rows of inflatable tubes and a separate unit that pumps warm air into the tubes.
While the Bair Hugger has been in circulation for nearly thirty years, recent studies have expressed concern over the warming unit’s disturbance of contaminants on the floor of operating rooms, disrupting the flow of sterile air in the operating room. Waste heat from the warming unit can build up underneath the operating table, creating convection currents which stir up contaminants and allow them to embed themselves on tissue and implant surfaces exposed during surgery. The ultimate result of this contamination can lead to debilitating deep-joint infections and a need for corrective surgery.
If you or a loved one has been under anesthesia during surgery and were kept warm by a Bair Hugger, you may be experiencing some of the symptoms of deep-joint infection. Please contact the Law Offices of George Salinas today. Cases like yours require special attention, care, and a fierce passion for justice. The damage done can last beyond a botched surgery; it could affect you for the rest of your life. Please call us today at (210) 504.4163; we’re here to help. Our consultation and thorough analysis of your case is free. Let us fight to bring you justice.
Short for Interior Vena Cava (the large vein carrying blood back to the heart from your lower body), IVC Filters are a metal, cone-like device meant to stop potentially life threatening blood clots from reaching your heart and lungs. After serious injury or major surgery, these devices can be recommended for implant in patients who are unable to take blood thinners in order to inhibit blood clots from reaching the lungs. Over time, the clots dissolve and dissipate in the blood stream.
Unfortunately, IVC Filters have been linked to numerous health complications, including vein and organ perforation, migration from the implant site, and fracturing of the filter. If unchecked, these complications can cause serious injury to the patient. Over the last 15 years, the FDA has received over 900 “adverse event reports” related to IVC Filters, and has issued warnings that the devices may cause complications if left in the body for too long. Some IVC Filter manufacturers, including ALN Implants Chirugicaux, Argon Medical Devises, Inc., B. Braun Interventional Systems Inc., Bard Peripheral Vascular, Inc., Cook Incorporated, Cordis Corporation, and Volcano Corporation are now involved in a five-year study to determine efficacy and risk related to their IVC Filter products.
If you or someone you love has been a victim of a faulty IVC Filter, especially if it involves one of the companies listed above, please contact the Law Offices of George Salinas today. Cases like yours require special attention, knowledge, and an aggressive passion for justice; we offer free consultation, and will thoroughly analyze all aspects of your case and your rights before taking the next step in helping you achieve the recovery and compensation you deserve. Call us today at (210) 504.4163; we’re here to help.
A prescription blood thinner (generically referred to as dabigatran), Pradaxa was approved by the FDA in 2010 to help patients prevent strokes and other complications caused by blood clots. When compared against its main competitor, warfarin, Pradaxa was deemed superior in its ability to reduce the risk of strokes more effectively. In addition, it has fewer restrictions than warfarin, and is easier to administer. Part of the drug class called “direct thrombin inhibitors,” Pradaxa reduces the action of the clotting protein thrombin.
The side effects of this anticoagulant, however, range from deceptively simple stomach pain and nausea to uncontrollable bleeding, heart attack, liver failure, and death. An FDA safety announcement from 2014 stated that Pradaxa was associated with an increased risk of major gastrointestinal bleeding, as well as a similar risk of heart attack and symptoms of heart disease to its market competitor warfarin. An independent Cleveland Clinic study in 2012, however, found that Pradaxa in fact has a 33% higher risk of heart disease and heart attack than warfarin.
If you or a loved one has experienced side effects from taking Pradaxa such as hemorrhaging heart attack, symptoms of liver failure, or unusual bruising please call The Law Offices of George Salinas today. It is our goal to help you get the treatment, care, and compensation that you deserve.
At The Law Offices of George Salinas, we offer free consultation and a thorough analysis of your case. We’ll fight for you: let us ask the tough questions and demand honest answers. Call (210) 504.4163 today.
Profemur Hip Replacement
Joint issues, especially from knee and hips, can be a source of serious discomfort, pain, stiffness, and difficulty walking. Hip implants are intended to restore mobility and alleviate joint pain due to arthritis, bone degeneration, or injury. Manufactured by Wright Medical Group Inc., a subsidiary of MicroPort Scientific Corporation, the Profemur and Profemur Z Hip Stems are full titanium-alloy implants intended for total hip replacement in “skeletally mature patients.”
Unfortunately, Wright Medical has gone through numerous litigations involving its Profemur titanium hip. Patients have expressed that Profemur’s modular neck is prone to complications such as corrosion, fracturing, and the wearing away of the hip’s surface at contact points. The FDA has also advised that there can be other complications after surgery, including bone fracture, joint infection, local nerve damage, and bone loss. If you have experienced recurring symptoms from your hip replacement surgery for more than three months, including leg, hip, or groin pain, swelling near the hip joint, limping or a change in your ability to walk, or noise (popping, clicking, grinding, or squeaking) from the hip joint, your device may not be functioning properly.
If you or a loved one has been experiencing any of the symptoms above from a Profemur hip replacement, please call The Law Offices of George Salinas today. The impact of a failed medical device can include everything from mental trauma, to physical pain and discomfort, to expensive corrective surgery. Allow The Law Offices of George Salinas to fight for you; we offer free consultation and a thorough analysis of your case. Let us ask the tough questions and demand honest answers. Call (210) 504.4163 today.
Type 2 Diabetes, or high levels of blood glucose, is generally a manageable disease. With proper diet, exercise, and medical professional recommended treatment, most people can live a completely normal life. If left untreated, however, Diabetes can lead to severe problems including blindness, kidney damage, and heart disease. SGLT2 (Sodium-Glucose Cotransporter-2) Inhibitors are a class of prescription medication intended to lower blood sugar in adults with Type 2 Diabetes by causing the kidneys to eliminate blood glucose through urination.
As of December 4, 2015, the FDA has updated its warnings regarding the class of Type 2 Diabetes medicines called Sodium-Glucose Cotransporter-2 Inhibitors. According to the FDA, “patients should stop taking their SGLT2 Inhibitor and seek medical attention immediately” if you become aware of any signs of ketoacidosis. This is a serious condition wherein the body produces high levels of acid in the blood (called ketones), which can lead to a diabetic coma and even death. According to the FDA, warning signs of possible ketoacidosis include nausea, vomiting, abdominal pain, fatigue, and constricted oxygen flow. The FDA also recommends being alert for signs of urinary tract infection.
If you currently take, or have taken any of the following medicines (Invokana, Invokamet, Farxiga, Xigduo XR, Jardiance, or Glyxambi), please call the Law Offices of George Salinas today. All of these medications include at least one of the active ingredients canagliflozin, dapagliflozin, or empagliflozen, which could be harmful to your health. The Law Offices of George Salinas are here to offer you free consultation and a thorough analysis of your legal rights. We want to make sure that you receive the care, compensation, and justice you deserve. Call us today at (210) 504.4163; we’re here to help.
Talcum Powder has been a basic hygiene product in bathrooms and babies’ nurseries for generations. Made from a natural rock mineral that contains magnesium and silicon, it is ground into a fine powder which absorbs moisture and creates a soft, slippery texture. These tactile properties have been appropriated by the personal-care industry, utilizing the powder in products meant to prevent skin irritation, body odor, and skin chafing. Originally marketed in baby powders, adult body powders, and foot powders, manufacturers have recently veered towards female-specific marketing, suggesting that talcum powder is great for keeping cool, eliminating vaginal odors, and avoiding undergarment chafing.
An over-the-counter product, Talcum Powder has inserted itself into the American lifestyle as a staple product of cleanliness. Talcum Powder has even been used with birth-control such as diaphragms and certain condoms. Unfortunately, evidence of a connection between Talcum Powder and ovarian cancer has been building for the past few decades. While a natural mineral, talc is not one that the human body can break apart. Scientists believe that talcum particles enter a woman’s reproductive system through the vagina, and eventually reach the fallopian tubes and ovaries, where they become embedded. From their studies, researchers have confirmed that the risk of ovarian cancer in women who use Talcum Powder is 30% higher than in women who do not.
If you or a loved one has ovarian cancer, and ever used Talcum Powder as a feminine hygiene product, please contact the Law Offices of George Salinas today. Cases like yours require special attention, care, and a fierce passion for justice. The damage done by companies that have failed to clearly warn individuals about severe side effects can me more than just physically harmful. Your mental anguish and suffering should not be part of the bargain in your struggle against cancer. Please call us today at (210) 504.4163; we’re here to help. Our consultation and thorough analysis of your case is free. Let us fight to bring you justice.
Taxotere, generically distributed as docetaxel, is a prescription cancer medication which obstructs the growth and spread of cancer cells in your body. Like most cancer drugs, Taxotere is rife with side effects, from respiratory issues to vision loss. But it has proven effective in cases of cancer including breast cancer, lung cancer, prostate cancer, stomach cancer, lung cancer, and head/neck cancer.
In most cases of chemotherapy, hair loss (alopecia) to some degree or other is unavoidable. Permanent hair loss due to Taxotere, however, should not be an indignity anyone has to suffer. There is an investigation currently underway regarding Taxotere and its lack of warning to patients regarding the possibility of permanent hair loss. The FDA issued a statement in December of 2015 that cases of permanent hair loss have been reported due to Taxotere. Unfortunately, Taxotere’s manufacturer, Sanofi, has failed to adequately represent the severity of its drug’s side effects.
If you or a loved one has taken or is taking Taxotere over the course of your cancer treatment, please contact the Law Offices of George Salinas today. Cases like yours require special attention, care, and a fierce passion for justice. The damage done by drug companies that have failed to clearly warn individuals about severe side effects can me more than just physically harmful. Your mental anguish and suffering should not be part of the bargain in your struggle against cancer. Please call us today at (210) 504.4163; we’re here to help. Our consultation and thorough analysis of your case is free. Let us fight to bring you justice.
Xarelto (generically known as rivaroxaban) is an anticoagulant blood thinner intended to prevent the formation of blood clots in patients to prevent deep vein thrombosis, (a complication after surgeries such as joint replacement) which can lead to blood clots in the lungs. Xarelto is also used to help lower the risk of stroke in patients affected by atrial fibrillation, a heart rhythm disorder. Xarelto works by inhibiting a protein known as Factor Xa. This interrupts the coagulation process in your blood stream and prevents the protein thrombin (an enzyme involved in the last step of the blood clotting process) from forming.
While all blood thinners carry the inherent risk of internal bleeding, Xarelto is a drug unlike other anticoagulants due to its inability to be flushed out of your system through dialysis. Xarelto has no known antidote to stop uncontrollable bleeding of the brain, intestine, or other vital systems. When internal hemorrhaging occurs near major organs, it interrupts the flow of blood to those organs, which can cause irreversible damage. In addition, the drug is on a list of high-alert medications, which means that it has a higher risk of causing substantial harm to patients.
If you or a loved one has experienced any of the symptoms above from taking Xarelto, please call The Law Offices of George Salinas today. It is our goal to help you get the care, treatment, and compensation you deserve. Allow The Law Offices of George Salinas to fight for you; we offer free consultation and a thorough analysis of your case. Let us ask the tough questions and demand honest answers. Call (210) 504.4163 today.
Zofran, generically known as ondansetron, is a prescription drug used to help alleviate nausea and vomiting caused by chemotherapy and radiation therapy. Part of a class of medications called 5-HT3 receptor antagonists, it works by blocking the action of serotonin, a neurotransmitter connected to areas in the brain that elicit nausea and vomiting. While approved by the FDA for use after chemotherapy and radiation therapy, Zofran has also been in circulation for pregnant women, to relieve symptoms of morning sickness. The most serious form of “morning sickness” is called hyperemesis gravidarum, which can lead to dangerous levels of malnutrition and dehydration.
Recent studies, however, suggests strong links between pregnant women who take Zofran and congenital birth defects in their children. Due to properties which allow the drug to cross the placental barrier, fetuses have been found with nearly 50% of the levels of ondansetron present in the mother’s blood; a concentration which is more than enough to cause fetal malformations. It has been reported that women who used the drug Zofran during pregnancy delivered babies with birth defects including: mental under-development, hearing loss, vision loss, skull deformities, heart defects, abnormal blood pressure, cleft lip and/or palate, club foot, webbed toes, and stomach problems.
If you or a loved one took Zofran while pregnant, and your child has exhibited any of these symptoms, please contact the Law Offices of George Salinas today. Cases like yours require special attention, care, and a fierce passion for justice. The damage done by poorly marketed medication can be more than just physically harmful to your baby. If not addressed, your suffering and your child’s suffering can last for the rest of your lives.
Contact the Law Offices of George Salinas
If you suffered injuries because of a company’s action or inaction, contact the Law Offices of George Salinas at (210) 225-0909 to discuss your options, including filing mass tort litigation against the company. During your consultation, be sure to ask about mass tort litigation and whether others have suffered similar physical or financial injuries at the hands of the same company.
“I must say my overall experience with George was great. No matter what issues I had he went above and beyond for our family..It’s hard to find a lawyer you trust but I’m going to say he has definitely changed my mind. I will always be grateful for his representation and his compassion for our case. Please don’t hesitate to have him by your side. His paralegal is very involved as well. Keep up the good work.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Patricia M. November 2019
Read more reviews on Google!