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Sometimes, a company creates a product that injures hundreds and maybe thousands of people. However, while the company might want to make sure that those who are injured are compensated, it’s not always clear who was injured. The most common case is a mass toxic exposure case, like asbestos.
What Is A Mass Toxic Tort?
When a product injures someone, it is called a tort. However, when a product injures many people, it is considered a “mass” tort. A mass toxic tort is a little different, it takes a certain amount of evidence to prove that a certain percentage of people were injured by a product. Usually, it must be shown by statistical and epidemiological evidence that a chemical or product by the defendant probably caused damage to some percentage of people exposed to it. However, it cannot be said that any particular plaintiff’s medical problems were more likely to have been caused by this chemical or product than by other factors.
What Is A “Class Recovery?”
Some courts have allowed anyone exposed to a particular toxic substance to bring a class action. These courts have awarded an aggregate recovery (meaning the total recovery) based on the estimated damage to the entire class. This means that the court is looking at everyone who could be injured, not just the people who are in court. The overall recovery is distributed among the class members, even if some of the people weren’t as involved in the court process so long as they show exposure and risk.
For example, the defendants manufacture nearly all of an herbicide called Agent Orange used by the military in Vietnam between 1965 and 1970. The veterans exposed to this chemical bring a class action suit, alleging that the veterans and their children have suffered serious medical injury and even death because of the exposure to Agent Orange. Since almost any of the injuries could have been caused by other facts, few of the veterans can show their exact injury was caused by Agent Orange. But, the class members can show statistical and epidemiological evidence that the chemicals contained in Agent Orange caused medical injury to some percentage of those exposed to Agent Orange. Because they were able to show this potential medical injury, they won $180million.
To learn more about class action law check out LawInfo. If you think you might have suffered an injury because of a drug or product, you should speak with an attorney today; click here to find
