What Is the Difference Between a Class Action Lawsuit and a Mass Tort?
Class action lawsuits and mass tort litigation are two ways the court system can deal with large numbers of injured plaintiffs in a more efficient way. While the options are similar in that they both offer a way for the courts to handle many cases at once, the main difference between a class action lawsuit and a mass tort is the consolidation of the groups.
At Gacovino, Lake & Associates, P.C., we handle class action and mass tort claims, and understand how to navigate these complex legal processes. If you believe you may be part of a large injured class, or if you believe you may qualify for one of these cases already in progress, we can help.
How Are Class Action Lawsuits and Mass Torts Similar?
At their most basic, both class action lawsuits and mass tort litigation are procedural actions that help the courts deal with a large number of similar cases quickly and efficiently. In general, they both involve:
A Group of People with Similar Injuries, or Injury Mechanisms
Every member of a class or a mass tort suffered injuries or financial damages in a similar way. In a class action, most of these injuries are very similar while the severity may differ significantly in mass tort litigation. For example, a defective medication that caused heart palpitations is more likely to be the focus of a class action suit. If defective tires caused car accidents with varying severity of injuries, it may be a mass tort instead.
The Same Defendant
The entire class in a class action lawsuit or the group of plaintiffs in mass tort litigation must all be alleging injury from the same defendant. If another defendant caused similar injuries in the same way, the cases may run concurrently but the courts are unlikely to consolidate them. This often occurs in cases when victims suffer injuries from defective drugs manufactured by several different pharmaceutical companies.
Consolidated Court Action
Both class action lawsuits and mass tort litigation consolidate the court action for a portion of the process, using a single case or a few cases to represent the entire group of cases. This is key in making this type of court procedure more efficient than dealing with hundreds or thousands of individual lawsuits.
How Are Class Action Lawsuits and Mass Torts Different?
Despite the similarities between class action lawsuits and mass tort litigation, there are significant procedural differences between the two. Courts use them in different ways, and the outcome for an individual plaintiff can differ significantly depending on which procedure applies to her case.
Class Action Lawsuits
Class action lawsuits use a single case — or a small handful of cases — to represent an entire group of people. Members of this group, known as a class, all receive compensation from any payout the courts award in these cases. In essence, the courts treat the entire class as a single plaintiff. The outcome of the single case, the class representative, applies to all other members of the group as well.
Mass Torts
The biggest way mass torts differ from class action lawsuits is that courts only consolidate mass torts for pre-trial proceedings. The courts combine all the torts for the investigation, collection of evidence, and discovery processes. While there are bellwether trials to see how other cases may fare, they do not directly tell other jurisdictions how to proceed. When the pre-trial proceedings and bellwether cases wrap up, each individual lawsuit goes back to the court where it began for trial.
There are several reasons a court might consolidate cases into mass tort litigation. This may be because there are not enough plaintiffs to warrant a class action claim or the courts do not believe the victims suffered similar enough damages. There are two general ways courts deal with mass torts: by consolidating the cases in state court or by moving them to federal court for Multidistrict Litigation.
While many mass torts reach a settlement following the bellwether cases, others continue to trial in their original jurisdiction. This is an important difference from class action lawsuits. The injured parties in a mass tort need to present the specific details of their situation, and present evidence of the full range of their damages. This allows these plaintiffs to recover compensation based on their individual experience, instead of basing their payout on someone else’s case.
How Can an Attorney Help Me Understand My Class Action Lawsuit or Mass Tort?
At Gacovino, Lake & Associates, P.C., our legal team of skilled class action and mass tort attorneys can explain your legal options for compensation. We can help you understand how to navigate your claim, and guide you through either of these complex processes. Call us today at 631-600-0000 to schedule a free case evaluation.
What Is the Lawsuit Against Roundup?
Roundup is a well-known brand name herbicide widely used in the agriculture industry and in residential landscaping for decades. Roundup recently became equally well-known because of mass legal action against the company. So, what is the lawsuit against Roundup?
The primary active ingredient in Roundup is glyphosate. This synthetic chemical has been shown to cause cancer in humans. Exposure to this cancer-causing chemical through the use of Roundup could lead to serious illnesses for a variety of people, including the possibility of death.
By bringing a lawsuit against the manufacturer of Roundup, you may be eligible to receive compensation for pain, suffering, and medical bills related to illnesses you may have developed after using Roundup.
The Dangers of Glyphosate
As an herbicide, glyphosate works to kill plants and grasses. Upon application to plants, the chemical sticks to the leaves, preventing them from working properly, killing the plant.
Roundup is an extremely popular product. In agriculture, farmers often plant glyphosate- and herbicide-resistant crops. They then use Roundup on the entire field, eliminating unwanted weeds and other plants.
In residential and commercial landscaping, people apply Roundup to remove unwanted grasses, weeds, and other plants from certain areas of the garden.
Glyphosate May Cause Cancer
In a 2016 report, a joint meeting between the Food and Agriculture Organization of the United Nations and the World Health Organization looked at multiple studies on the effects of long-term exposure to glyphosate on humans. The report says the risk of developing non-Hodgkin’s lymphoma increases after some exposure to glyphosate.
Other types of cancer that may develop after exposure to glyphosate and Roundup include:
- Leukemia
- B-cell lymphoma
- Multiple myeloma
Symptoms of Non-Hodgkin’s Lymphoma
Non-Hodgkin’s lymphoma is a type of cancer where tumors develop in the body’s lymphocytes, a type of white blood cell used to fight diseases in the human body. Symptoms may include:
- Swelling in the lymph nodes in the neck, armpits, or groin
- Swelling or unexplained pain in the abdomen
- Unexplained pain in the chest
- Respiratory problems, including coughing
- Fatigue or exhaustion that does not go away
- Fever and sweating at night
- Weight loss
If you notice any of these symptoms or believe that you have been exposed to Roundup to a harmful degree, you should inform your doctor. They may screen you for the presence of non-Hodgkin’s lymphoma or other conditions that may be related to Roundup use. A link in your medical record connecting your injuries to Roundup use could become important evidence in your Roundup lawsuit.
Understanding Exposure to Roundup
Although almost anyone who has used Roundup could develop long-term problems like cancer, the professions with the most exposure to agricultural pesticides — such as farmers, landscapers, and workers in other agricultural jobs — could be at an increased risk.
Even so, individuals who bought and used Roundup on their own lawns, sprayed Roundup, or cleaned up after using Roundup could have been exposed.
Failure to Warn Consumers
Consumers can bring a lawsuit against the current owner of the Roundup brand, Bayer, because it may have failed to provide adequate warning about the possibility of developing cancer after exposure to Roundup.
Bayer purchased the company that developed glyphosate, Monsanto, which means Bayer is now the defendant in lawsuits regarding Roundup.
Lawsuits against Monsanto allege that the company may have known for more than 30 years that glyphosate had the possibility of causing cancer. However, the company chose to avoid informing consumers of this information, creating liability in how the company marketed Roundup.
Protect Your Right to Seek Compensation
If you believe glyphosate and Roundup led to your diagnosis of cancer or other illnesses, you have the right to seek compensation. You may be able to join other victims in a multidistrict litigation (MDL), or group lawsuit, against Roundup, or you may be able to sue individually.
If your lawsuit against Roundup can successfully prove that its negligence caused your injuries, you may be able to recover compensation for your medical bills, pain and suffering, and more.
At Gacovino, Lake & Associates, P.C., we know how devastating a diagnosis of cancer can be for you and your family. You may have a lot of questions and concerns that you would like to discuss about how to proceed.
We are happy to answer your questions regarding what the lawsuit against Roundup is about when you call our firm at (631) 600-0000 for a free consultation. We work on a contingency-fee basis, which means we do not charge any fees to begin working for you. Our payment only comes as a percentage of your settlement or awards in court if you win.
What Kind of Cancer Does Roundup Cause?
Roundup is a weed killer used by both individuals and in large-scale agricultural applications. Research links the active ingredient in Roundup weed killer primarily to the development of non-Hodgkin lymphoma. Some reports also indicate this active ingredient could lead to the development of other types of cancer.
Roundup has been on the market for almost 45 years, and is used for killing off weeds in yards or crops. It is also used by commercial nurseries, parks, and golf courses. In all, consumers in the United States use around 250 million pounds of Roundup and similar herbicides each year.
Agricultural Workers Are Most At Risk
Those who have the most exposure to Roundup and other similar weed killers have the highest risk of developing non-Hodgkin lymphoma. In general, most of them work with the herbicide or have regular exposure in the workplace. This may include:
- Farmers and other agricultural workers;
- Nursery employees;
- Landscapers;
- Golf course caregivers; and
- Park landscaping staff.
Individuals who use the product frequently may also be at risk. Care should be taken to reduce exposure while mixing the spray, or cleaning up after use.
Glyphosate Herbicides and Cancer
Glyphosate is the primary active ingredient in Roundup and all its all store-brand versions. It took until 2015 for any major organization to speak out about the cancer risk associated with glyphosate-based herbicides.
In 2015, the International Agency for Research on Cancer — an arm of the World Health Organization — spoke out against products containing glyphosate. They issued a monograph that concluded that these weed killers, including Monsanto’s Roundup, are “a probable carcinogen in humans.” Their report cites studies showing a significant increase in cases of non-Hodgkin lymphoma among those in agricultural professions, such as farmers, landscapers, nursery workers, and others who report regular use of Roundup or other glyphosate weed killers. They also point to a link between glyphosate exposure and rare tumors in mice as a reason they consider the chemical a probable carcinogen.
In addition to non-Hodgkin lymphoma, some claim they developed other cancers because of exposure to glyphosate-based products. This includes B-cell lymphoma, leukemia, and multiple myeloma. Most reports center on non-Hodgkin lymphoma, however.
Living with Non-Hodgkin Lymphoma
Non-Hodgkin lymphoma, sometimes also called non-Hodgkin’s lymphoma or simply NHL, is actually a group of blood cancers that develop in a very specific way, and affect the body’s white blood cells. These cells, lymphocytes, play a key role in the immune system.
In most people with non-Hodgkin lymphoma, the cancer begins in their lymph nodes and other lymphatic tissues. Occasionally, it may begin in the bone marrow or blood, but this is not as common. If doctors discover it early, prognosis is good. Most patients require chemotherapy and/or radiation for treatment. Surgery is not usually an effective treatment for these cancers, but they may need to perform surgery to remove an affected lymph node for testing.
Like all cancers, non-Hodgkin lymphoma can be deadly if not caught early and treated aggressively. Some of these cancers spread faster than others, so getting the medical attention you need at any sign of a problem is important. Key indicators of a problem include swollen lymph nodes, anemia, fatigue, unexplained weight loss, and night sweats.
Contacting a Monsanto Roundup Cancer Lawsuit Attorney
If you received a diagnosis of non-Hodgkin lymphoma or other blood cancer after exposure to Roundup, you may be eligible to pursue compensation from Monsanto or another herbicide manufacturer. Give us a call today, and discuss your case with one of our Roundup lawsuit attorneys.
If we believe you have a case, we will go to work establishing a viable claim by linking your cancer diagnosis to your exposure to Roundup. We will collect evidence such as your medical records and documentation of your herbicide exposure. This will allow us to pursue compensation by filing a claim against Monsanto or other liable parties.
At Gacovino, Lake & Associates, P.C., our attorneys know what it takes to win this type of case. We offer every potential client a free case review, and we can help you develop a plan of action to recover the compensation you deserve. Call us today at 631-600-0000 to schedule a free complimentary case evaluation with one of our Roundup lawsuit attorneys. You pay nothing unless we recover a payout in your case.
