The Benefits of Personalized Legal Representation in a Mass Tort Case
An Important Distinction
Many people are unfamiliar with the differences between a class action lawsuit and a mass tort claim. While there exists plenty of overlap between the two, a class action lawsuit is actually a variation of a mass tort claim. More specifically, a class action lawsuit is one in which a large swath of individuals share common circumstances, injuries, and damages eligibility. These individuals have the choice of opting in to the class action suit or finding their own representation.
Mass torts, on the other hand, usually deal specifically with consumers who are taking legal action against one or more corporate entities. In most cases, these individuals have been injured or taken ill as a result of defective drugs or product liabilities. Since these injuries and illnesses often take different forms, the cases involved do not always fit into a single class, which necessitates legislation on a case-by-case basis. Mass tort claims allow one or more attorneys the opportunity to share resources and evidence to best represent their clients in individual cases.
Contrary to popular opinion, when it comes to mass tort cases, bigger isn’t necessarily better. Huge firms have huge marketing budgets that they use to entice potential clients, but because of their size and the size of their client base, they often fail to provide personal attention, which can leave individuals feeling neglected and anxious about a case that is very important to them.
If you are considering filing a mass tort claim, there are undoubtedly many people who are also suffering from similar issues, but unlike class action lawsuits, mass tort cases are designed to focus on the unique circumstances of the individual, which means that you need (and deserve) the personal attention of a dedicated attorney. By hiring a local firm with a wealth of experience, you can be sure that your case will be handled with precise attention to detail and that you will have nearly unlimited personal access to your attorney.
Many mass tort cases hinge on discovery (the initial gathering of relevant documents, testimony, etc.), which serves to emphasize the unique circumstances of your case. And if you choose to work with a large firm, this vital process could potentially be glossed over, damaging your case before it ever goes to trial.
The bottom line is that mass torts are often exceedingly complicated, and if you hire a larger firm to represent you, they might not have the time or the inclination to focus on the specifics and nuances of your case – and put those details to good use on your behalf.
At the Law Office of William D. Cook, we have significant experience in litigating mass tort cases. Most notably, we have been working with clients injured by defective pharmaceutical products (including medical devices) since the Dalkon Shield IUD bankruptcy case in the mid-1980s.
Mr. Cook has been working with breast implant claimants for over 20 years, commencing with multi-district litigation prior to the Dow Corning bankruptcy claims. In 1995, he began working with a specialist physician based out of Seattle who made the trip to Alaska from Washington to examine numerous clients and issue reports for their disease claims – including those that take several years to develop, such as lupus. After 21 years of working with that same physician, our hard work is generating significant results.
Recently, our firm achieved compensation on behalf of one of those initial clients in the Dow Corning Bankruptcy/Silicone Breast Implant settlement at the Option 2 Disease Level – the highest possible sum short of death or complete kidney failure – for the second time. To put that into context, at this point, of the more than 31,000 disease claims paid by the settlement facility, less than 5% have received a reward of this level. This was an extremely rare settlement amount, and one that we worked long and hard to achieve for our client.
The Law Office of William D. Cook
There are many scenarios in which the guidance and assistance of an experienced, qualified attorney can help you receive the optimal recovery that you are entitled to in a mass tort case. And regardless of the unique circumstances surrounding your claim, the peace of mind an attorney can provide cannot be measured in dollars and cents. If you have been injured as a result of another party’s negligence, seek out the experts. Please visit our website or contact the Law Office of William D. Cook at (907) 694-2000 today for a free consultation!