QUESTION
Will payout be substantial if it is a mass tort and is an individual case?
Asked on Jul 28th, 2016 on Personal Injury - California
More details to this question:
I’ve been part of a huge lawsuit regarding a bad medical product that was put in my back. It wasn’t FDA approved and was done off label. I wasn’t told they would use the product. This company has paid out millions to shareholders, doctors, and others. It will go in front of a judge on October.
1 ANSWER
There is no way of knowing what the results will be. I would think the case has to be tried in 2 parts first whether there is any liability [if device not approved by FDA and used without your approval and is what caused injury to you] and then for each person what their damages are [your recovery would be based upon what your damages are, including any need for future surgery to remove the hardware if it is harmful]. Contact the attorney who is handling the case to see what the possibility of settlement is and what reasonably you might receive. If the total damages exceed the defendant's ability to pay, then you will not get more than your share of their assets.
Answered on Aug 26th, 2016 at 2:21 PM