Late-Night Lawyer Advertising and Mass Tort Litigation

What you Should Know About Mass Tort Litigation

Those afflicted with insomnia have undoubtedly seen them: Late night television ads from so-and-so law firm advising viewers to call “immediately” if they have taken a certain prescription drug or used a particular medical device. The advertisement will usually list serious-sounding side effects and entice you to call the particular law firm by promising significant cash compensation for physical injuries and mental pain. Are these promises too good to be true?

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In many cases these commercials are paid for by law firms looking to file a significant number of cases (sometimes thousands) against one or a few defendants. This is known as mass tort litigation. This is not the same as a class action suit (in which many similarly-situated plaintiffs join in one singular suit against a defendant or defendants).
 
While these advertisements may make it seem as if your prescription medication or medical device can be your ticket to a huge compensation award, there are some principles to keep in mind before agreeing to participate in such litigation:

• Mass tort litigation firms survive because of numbers: That is, a mass tort litigation law firm will usually need to file hundreds – if not thousands – of lawsuits similar to your own in order to turn a profit. When a law firm does this, the amount of time the firm can spend with each individual client often decreases substantially. A person who is expecting personalized attention may find such attention lacking in a mass litigation law firm.
• The vast majority of mass tort cases settle “en masse” out-of-court: While it is true that, in general, many cases settle out of court, this is especially true of mass tort cases. It is nearly impossible for a mass tort law firm to actually litigate its cases in court due to time and/or financial constraints: instead, the law firm will often attempt to reach a global settlement with the defendant that encompasses all of the claims filed as part of its mass tort action.

You should not stop taking medication without speaking with your doctor: Some of these advertisements leave you with the impression that your health is in immediate danger if you are taking a specified medication or are using a particular device. However, immediately stopping a medication – even a potentially dangerous one – without first talking to your own doctor can be extremely harmful to your health. If you believe you are suffering negative side effects from a drug or medical device, you should speak with your doctor immediately.

Contact a Product Liability Attorney Right Away

If you or a loved one have been injured by a defective product or dangerous drug, the Riverside product liability law firm of Heiting & Irwin wants to speak with you. We will give your situation and circumstances personalized attention and will fight for a just and equitable resolution in your case. Call us at (951) 682-6400, or contact us through our website’s online contact form.

Heiting & Irwin are personal injury lawyers in Riverside who work with clients throughout San Bernardino and Riverside Counties. We've recovered over $300M for our clients since 1979 and charge no fees until the successful conclusion of your case.