Mass Torts
A mass tort simply means bringing together multiple plaintiffs who have a similar claim or have experienced an action that causes injury to many people. This generally happens when a group of people experiences similar injuries or damages by an employer or business. For example, a claim could be against a manufacturer or corporation for a product defect or harmful exposure that injures or economically affects a larger group of consumers.
These plaintiffs do not have to physically come together to file a mass tort claim. In fact, the plaintiffs do not have to file at the same time and may not all be named during the lawsuit. Mass Tort lawsuits often involve thousands of cases consolidated before one judge into multi-district litigations (MDLs), and our attorneys are regularly appointed to leadership positions within the MDLs.
There are four main types of mass tort cases:
One of the most common types of mass tort claims is product liability cases. In these cases, products that we expect to be safe for our everyday use (such as cars, medical devices, household products, etc.) are in fact dangerous and defective. Manufacturers have a responsibility to ensure that their products are safe and provide adequate information to their consumers, and if they fail in this duty, injured customers can and should hold these entities responsible.
There are three main types of product liability mass torts.
Manufacturing defects: When a product suffers a defect during the manufacturing process that makes it dangerous to use. This could happen in a physical product or in the manufacturing of a pharmaceutical drug.
Design defects: When a defect is present in the product design and the product is inherently dangerous yet allowed to go to market. A common instance of design defects has been seen with medical devices.
Failure to provide adequate warnings or instructions: When a manufacturer fails to inform customers of hazards that can be experienced while using a product, leading to injuries. For example, drugs may cause unintended, dangerous side effects that a manufacturer is aware of but fails to warn consumers or physicians.
A common type of mass tort claim involves natural disasters such as earthquakes, tornadoes and hurricanes that cause significant damages and injuries. Obviously, no one entity is to blame for a natural disaster, which makes these types of mass tort claims complex. However, insurance companies often fail to pay out claims following natural disasters leaving their customers who have diligently paid their premiums without the support they need. When this happens to many individuals, a mass tort action can help hold the insurance company accountable.
Also known as mass toxic torts, these claims involve injury or illness due to chemical or toxin exposure. Some examples include dangerous chemicals in the workplace, toxic mold in an office or home, or exposure to toxins in pharmaceutical drugs.
Man-made disasters, such as a natural gas explosion of an apartment complex or a fire within a multi-household complex, can cause injury to dozens or even hundreds of people. While the extent of injuries may differ by person, the same entity is typically the cause of the disaster. In these cases, victims can form a mass tort to secure compensation for their individual needs without filing separate, time-consuming claims.
Mass Tort cases are handled in a variety of ways, meaning there is no one size fits all process for settlements. In the case of multi-district litigation (MDL), a settlement is structured in a way that each plaintiffs’ case facts are evaluated to understand factors such as length of exposure, causation, injuries, and damages. From there, each plaintiff has the right to make their own decision on whether they want to settle after hearing what their proposed compensation will be.
However, if a group settlement cannot be reached, everyone involved in the mass tort case will need to have their individual cases either tried or settled. Oftentimes a judge will allow bellwether cases to be tried in front of juries to determine a reasonable value of the cases. These jury trials will then inform what the settlement offers will be for other plaintiffs. If a lawsuit is successful and it is determined that the plaintiffs involved are entitled to compensation, other potential plaintiffs who have suffered similar injuries are not without recourse. The judge will identify parameters for additional plaintiffs to file a claim and receive compensation.
Mass tort and class action claims have some similarities in that they both involve multiple plaintiffs against one entity but they have their own unique qualities.
The biggest difference between class action suits and mass tort suits is how the plaintiffs are identified, defined and how their cases are treated. With a class action lawsuit, the group of plaintiffs must be certified as to having experienced very similar circumstances and damages. For plaintiffs in mass tort cases, each individual has experienced different damages or injuries and they are evaluated based on their individual damages.
Class action lawsuits typically include a group of plaintiffs who have experienced some sort of breach of data, credit card fraud, or overcharge for merchandise or services. Oftentimes the individual damages for these cases aren’t enough to warrant a lawsuit but when victims join together they can help hold those responsible accountable.
On April 20, 2010, the Deepwater Horizon oil rig located in the Gulf of Mexico began leaking oil after a major explosion which is now regarded as one of the largest environmental disasters in world history.
Originally built by South Korean company Hyundai Heavy Industries and owned by Transocean, at the time of the disaster the rig was chartered to BP to drill a deep exploratory well.
The explosion occurred when high-pressure methane gas from the well expanded into the marine riser and rose into the drilling rig, where it ignited and exploded, engulfing the platform. Eleven missing workers were never found despite a three-day U.S. Coast Guard search operation and are believed to have died in the explosion.
Ninety-four crew members were rescued by lifeboat or helicopter, 17 of whom were treated for injuries. The Deepwater Horizon sank on the morning of April 22, 2010.
It is estimated that over 3 million barrels of oil spilled as a result of the explosion affecting 70,000 square miles of ocean. Eventually, the oil made its way to the coasts of Louisiana, Mississippi, Florida, Alabama, and even as far as Texas. The affected spill area is host to over 8,000 species of animals. The environmental impacts alone were devastating to the area and were magnified by the economic impact of lost jobs and tourism.
In January 2011, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling released a final report finding that BP, Halliburton, and Transocean had attempted to work more cheaply and thus helped to trigger the explosion and ensuing leakage.
Attorney Jeffrey Breit began working cases on behalf of menhaden fishermen soon after the explosion. Hundreds of thousands of cases were consolidated in the Eastern District of Louisiana in New Orleans in MDL 2179.
In October 2010, Judge Carl Barbier appointed 15 lawyers to the plaintiff steering committee in order to manage the litigation on behalf of all of the claimants. Jeffrey was appointed by Judge Barbier to the steering committee. Eventually, he and seven members of the steering committee tried the case before Judge Barbier against the defendants BP, Halliburton, Transocean, Cameron, and others in what became the biggest environmental disaster in United States history and one of the biggest economic loss cases in history.
Jeffrey was responsible for marshalling the case against Halliburton, and after trial, Halliburton settled its portion in the amount of $1.24 billion. To date, over 250,000 businesses and individuals recovered more than $11.5 billion in economic losses; cleanup workers and coastal residents recovered over $67 million; community health grants were awarded in the amount of $105 million; tourism and seafood promotional grants were awarded $57 million; local government agencies were awarded $680 million; and $14 billion was awarded to the United States Government and Gulf of Mexico bordering states.
The individual claims handled by Jeffrey (which included menhaden settlements, BP business claims, lost wage claims, seafood claims, and medical claims) were paid $29 million. Jeffrey was also retained as one of the lawyers for the state of Alabama, which recovered $1 billion dollars.
Between 2005 and 2008, Taishan Gypsum, Co. imported 100 million square feet of contaminated Chinese-made drywall to the United States due to shortages that followed the Hurricane Katrina construction spike.
The contaminated drywall contained high levels of sulfur, which resulted in a rotten egg smell in affected homes, blackened or corroded pipes, destroyed electrical wiring, failure of air conditioners and other household appliances, and health problems such as asthma, coughing, headaches, sore throats, and irritated eyes.
The majority of the contaminated drywall ended up in Virginia, Florida, and Louisiana, as well as Alabama, Mississippi, Texas, Tennessee, Georgia, North Carolina, Illinois, Oklahoma, South Carolina, and California.
In 2011, Knauf Plasterboard (Tianjin) Company, Limited settled its nationwide Chinese drywall contamination lawsuit for an amount in excess of $1 billion. The Chinese drywall cases continued against Taishan Gypsum with litigation in Louisiana, Florida, and Virginia.
Attorney Jeffrey Breit, along with Richard Serpe, represented 216 plaintiffs in Virginia, North Carolina, and Georgia.
In August 2019, Taishan Gypsum, Co. agreed to settle for $248 million. The historic settlement meant homeowners would be made “as close to whole” as possible and get closure from the lengthy litigation process.
During this process, attorneys at Breit Biniazan served in the following roles: re-appointed PSC member for the entire litigation; lead, liaison, and trial counsel for the remanded actions to the Eastern District of Virginia; trial counsel in the Eastern District of Florida remanded actions; trial counsel for the PID hearing before the special master; trial counsel for the fee committee trial before a special master Balhoff; class counsel in six separate settlement classes in the litigation (Taishan; Taishan/Venture Supply Assigned Claims; and the four Virginia class settlements). The firm was also appointed to serve as lead and liaison counsel in Virginia’s consolidated drywall litigation.
In addition, the firm utilized the Virginia state court consolidated drywall docket to advance the state-of-the-art litigation against dozens of these downstream defendants achieving scores of settlements including numerous “QSF” settlements with insurance carriers requiring the appointment of a special master for distribution of settlement funds among qualified claimants.
Between 2014 and 2018, no such downstream litigation program existed in either state or federal court anywhere else in the country advancing the state of the case on liability, damages, causation, and scope of remediation.
As a result, the Taishan/Venture Supply claimants amassed millions of dollars of net settlement payments representing 26.38% of their overall claim value. In other words, over ¼ of the entire claim value had already been obtained from downstream defendants. Thus, the Virginia consolidated drywall litigation produced unprecedented recoveries for class members.
As part of the Allocation Neutral’s allocation formula, reduction in Taishan settlement payments were made to reflect prior settlement payments.
Accordingly, due to the firm’s efforts in Virginia State Court, more funds were available for distribution to all other Taishan clients given the unprecedented settlements obtained by the firm in the Virginia State Court drywall consolidation.
This litigation involves allegations that the Paragard intrauterine device (IUD) has a propensity to break upon removal, causing complications and injuries, including surgeries to remove the broken piece of the device, infertility, and pain. Click here to learn more about the Paragard Lawsuit.
If you have suffered injuries as a result of using the Paragard IUD, please contact our office to learn about your rights to compensation.
The 2022 Camp Lejeune Justice Act allows for those who served, lived or worked at Marine Corps Base Camp Lejeune in North Carolina between August 1953 and December 1987 and developed cancer or other serious health issues years later, to pursue their case against the federal government. In the past, some of the service members, families or others present at the base were deemed ineligible or had their claims denied by the Veterans Administration. With the passing of this act, anyone who lived in the area during 1953-1987 and was harmed by water contamination at Camp Lejeune is eligible to receive fair compensation for the injuries suffered.
In 1982, routine water testing found that drinking water sources at Camp Lejeune were contaminated (in some cases up to 300 times acceptable levels) with benzene, trichloroethylene (TCE), tetrachloroethylene, or perchloroethylene (PCE), and vinyl chloride (VC), all of which are known to be carcinogenic or harmful to humans. Water contamination sources included leaking underground water storage tanks and waste disposal sites causing those who were exposed to suffer with cancer and other serious health problems related to the chemicals.
Health conditions from exposure may include:
If you lived or worked at Camp Lejeune in the period of August 1953 to December 1987 and have suffered health issues, please contact our firm to learn about your rights for compensation.
Current litigation around chemical hair straighteners comes from a recent study that showed a link between the chemicals used in these products with an increased risk of uterine cancer and endometriosis. Click here to learn more about lawsuits related to the use of chemical hair straighteners.
If you have suffered injuries as a result of using chemical hair straighteners, please contact our office to learn about your rights to compensation.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
"Very professional, kind hearted and caring. I loved working with Sarah she did a stellar job representing me and assuring me that everything would work out. ❤️"
"Had my incident back in 04/2021. Was referred to Breit and Justin Sheldon was my attorney for my case against insurance and personal injury case. Justin and his team was extremely pleasant to work with. They were always communicative at providing updates and feedback of the state of the situation. Year and a half later, never had any regrets trusting Breit to represent myself for my case."
"Where do I start, From the beginning till now, EVERYONE that works for BREIT BINIAZAN Law Firm are very AWESOME especially Sarah and her team. Thank you, thank you, thank you for everything . I will recommend this law firm to anybody who needs help. Sarah and your team, please keep up the awesome work. You guys are the BEST. May God Bless All of You. Once again, Thank you Breit Biniazan Law Firm. Team#1 ❤️❤️❤️❤️❤️"
"Sarah Sauble is by far the best lawyer I’ve ever worked with. She was very helpful and knowledgeable about the law and explaining legal terms in order for us to understand. Together with her paralegal, Elizabeth Rankan, they’re both great at what they do. Job well done ladies."
"Sarah's unwavering support and dedication, coupled with her expertise, have been invaluable throughout my accident settlement case. I am profoundly grateful for all she has done, and her efforts have made a significant impact on my journey.I wholeheartedly endorse Sarah Gallo Sauble as well as the entire team at Breit Biniazan Law Firm, to anyone seeking legal assistance. Their professionalism and excellence are unparalleled."
"Sarah and the team at Breit Biniazan could not have been more professional, caring and informative. Throughout the whole process they would check on my condition, health and exchange any updates with medical care as well as the case itself. They walked me through each step, explained the expectations and possible outcomes while keeping it professional. The communication was always as easy as a text, email or call away and always responsive. If you're still looking for your team, look no further. Make the call, let Sarah provide the care you need and fight for the settlement you deserve. Thank you for fighting for me Sarah!"
"Sarah and Elizabeth were wonderful to work with. They are honest, professional and fair and worked very hard to settle our case in a timely fashion. They maintain positive and respectful relationships with opposing counsels to ensure that the client’s best interests are represented. I would highly recommend them to others and I would use them again if the situation were to arise."
"Sara and her team were great to work with. I trusted them to take care of my case and they did. I would use
Them again in the future if I needed to."
"I reached out to Sarah G. Sable, about 9 months ago, from the beginning she assured me that she would take care of my case and that I had nothing to worry about.
Sarah stayed in contact with me every step of the way, she even answered my calls after hours to ensure that she was meeting my expectations, and answering all of my questions.
At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."
"The experience was awesome. Breit Biniazan help through the transition and paperwork to help me get my settlement. The whole team and lawyer had great communication throughout the process of this settlement."
"Nothing but a great experience with this firm. Sarah was fully professional, attentive, and communicative throughout the entire process while representing me. Anyone who has a personal injury case, this is the firm that you want to go to. 10/10 I strongly recommend!"
"Sarah has been a great help in my case. I have been in a very serious Motorcycle accident and she and her team has worked very diligently on my case. I would like to say Thank You and will definitely be considering you in the future if needed!!"
"Best law firm in Hampton Roads"
"GREAT! GREAT! GREAT! ... you can not go wrong with this firm backing you!... Thanks for everything!"
"Had a amazing experience with this company. They helped me every step of the way when I had to go to court for a accident I was in. They are really personable and go above and beyond in customer service."
"I couldn’t speak more highly of Kevin, Kylee, and the whole legal team at BB. They were both personable and professional. If you’re looking for a lawyer who cares, this firm is the right one for you."
"My case was small, but it was handled with the care one would expect to be given to a multimillion-dollar settlement. The professionalism, intelligence and kindness of everyone in the firm far surpassed my expectations. Jeffrey Breit and Kevin Biniazan are truly the A Team!"
"Working with this law firm made settling my case a breeze! When i was injured in my car accident and my car was totaled, i was so worried about handling the insurance company and all of the phone calls and paperwork while i had a concussion. With a couple visits and a few emails back and forth with my paralegal and attorney, my case was settled in less than a year! If i ever needed to be represented again i will 100% be choosing Breit Cantor Grana Buckner to represent me! I appreciate everything they did for me!"
"Kevin and his team were very professional and personable! They were very knowledgeable with my case. I feel like I have made some great new friendships. Thank you guys!"
"Was very happy with the service I received from this office Staff is very helpful & friendly. After just a few months my case was resolved & my outcome was better than expected! Kellie Jennings kept me up to date and informed through it all. I have another pending case & have no reservations that the outcome will be as good as the first. I would recommend to family & friends."
"Throughout 2019 and 2020 Attorney Kevin Biniazan helped me with a personal injury case. Aside from the professionalism and attentiveness one would expect from a quality law firm such as Breit Cantor Grana Buckner, I was taken by the fact that they agreed to take my case on a contingency basis, even though there was little evidence in my favor in the early stages of preparation. This meant the world to me. It meant that they believed in me, and my case, when two other firms declined to take the case. In late 2020 the case settled out of court and I received a substantial monetary award that exceeded my expectations. Thank you Kevin, and all your support staff for believing in me when many others did not!!!!"
"This law firm was highly recommended by a friend who had prior representation. I am very pleased with their professionalism and they kept me well informed of my injury case. Attorney Kevin Biniazan and his team fought well for my rights and I received an extremely good settlement. I encourage you to give them a call as you will have a pleasant experience with their representation!"
"My experience with Breit Biniazan and his team was very positive. They were very helpful, were always available, took time to explain the process, and answer any questions I had. A special thanks to Kellie for all her support and efforts. I always felt she was on my side and looking out for my best interest. I would highly recommend Mr. Binazan and his team and would not hesitate to use their services should the need arise."
"Michael Collett represented us in our suit, and he was incredible. He made quick, efficient work of getting our case positively resolved while also making sure to keep us updated along the way. We recommend him to anyone seeking representation in a personal injury suit.
Our suit had dragged on for five years, and we wondered if it would ever be finished. Once Mike was handed our case, he immediately got to work getting to know us and understanding the timeline of events. Additionally, as a prior military member, he understood that our case was not a traditional cut-and-dry lawsuit: our life continued while the company dragged it out in court, including PCSing overseas and then back to the US during COVID. This kind of personal understanding and attention to detail was instrumental to our case. Mike's background, compassion, attentiveness, and professionalism made the difference; without him, we could have had a very different outcome.
If you are in need of any representation for a personal injury suit, I highly recommend Michael and his colleagues."
"I'm an attorney in Nebraska and represented a Nebraska family who lost their son/brother due to an electrocution on a job site in Virginia. After handling the workers' compensation claim in Nebraska, I reached out to multiple law firms in Virginia, ultimately co-counseling with Kevin Biniazan on the Virginia third party claims. He worked the case up, secured experts, and ultimately tried the case to a jury. Kevin and his team did a fantastic job presenting the case, arguing points of law, and overall just demonstrated that they had put extraordinary time and effort into preparing the case for trial. They secured a 7-figure recovery on tough facts and were great to work with along the way. I highly recommend Kevin and his firm."
"I give Kevin Biniazan and his team the highest rating I can. I had a case in Va Beach a few years ago, called a few attorneys but ended up going with Kevin because of the knowledge and compassion he showed. After telling Kevin my issue, he and his team did all the work. They took the time to listen to my concerns and feelings, they were informative and available at all times. Along with the success of my case, Kevin and his team gave me the opportunity and support I needed to begin healing. I couldn’t recommend enough!"
"Outstanding service! My case lasted approximately 2 years, the staff was more than patient with me and the multiple questions I had throughout the process. I highly recommend their services to all."
"I was injured in a motorcycle accident with a car driver and refered to Breit Biniazan by a second lawfirm from my home state. They were professional and got me through one of the most painful times in my life. I simply gave them what they needed and they took care of the rest, getting me proper compensation for my pain and suffering."
"I took a chance on this firm from a recommendation and I couldn’t be happier with their work and the results of my case. Kellie and Nilda are pure gold! Kellie kept me appraised of everything that was going on, timely and answered all my questions and concerns. I followed a recommendation; trust me, Breit Biniazan is the very best!"
"Kevin, Kylee and his team are the best in the business! They are the most trustworthy,hardworking,dedicated, honest, and morally outstanding people I've had the pleasure of knowing."
"My experience with the team at Breit Biniazan was nothing short of outstanding. They handled our case with the utmost professionalism and compassion. Kellie, their paralegal proved to be an invaluable support. Kellie was compassionate and her communication helped us through a tough time. I highly recommend Breit Biniazan."
"I had the pleasure of working with Mr. Beasley and Ms. Jennings. I was unfortunately involved in multiple crashes that I was a victim of and sought their firm, Breit Biniazan for help with medical bills and other issues. They worked with me for well over a year, coming to a successful resolution for my cases. They are incredibly passionate about their job and getting to an outcome desired for their plaintiffs. I would recommend their firm for any cases you may have, no questions asked."
"I’ve never been in a lawsuit, nor have I been to court, or had anything dealing with legal matter so all of this was pretty new to me, and 9/10 it was scary & heart racing. The only reason I got through it is because of Kevin. If it wasn’t for him with his patience, his commitment to his client, or the will to go the distance I never would’ve had confidence in any of this legal stuff. 10/10 recommend Breit Biniazan."
"Kept me informed of the entire process. Offered advice on how to proceed."
"Fantastic team! Kevin is an amazing attorney who comes through on his word. Kylee and the team of paralegals went above and beyond to help me understand what we should expect in the case. I highly recommend Kevin’s team to anyone who is not only in need of a legal team, but one who will get them what they deserve!"
"Kevin and his team worked tirelessly to help us secure the best possible outcome for an incredibly difficult situation. They were supportive and attentive to our needs, walked us through the process step by step and fought hard for us. I would highly recommend Breit Biniazan for all of your legal needs."
"Following a motor vehicle accident, I needed assistance with handling insurance issues and was referred to Breit Biniazan for their expertise. I had the pleasure of working with attorney Alexis Meier and her paralegal Molisa Gardner. They managed my case with utmost professionalism, efficiency, and thoroughness.
As a physician, I am aware that some law firms may try to enhance settlements by recommending excessive consultations, imaging studies, and other tests, as well as extensive therapy. However, Alexis and Molisa ensured that I received the necessary care without subjecting me to unnecessary tests or treatments. I found their approach to be both ethical and professional.
I wholeheartedly endorse Breit Biniazan and recommend their services to anyone in a similar situation."
"Alexis Meier is an exceptional attorney—professional, knowledgeable, and highly effective. She handled my case with efficiency, care, and compassion, ensuring everything was managed seamlessly. Her team was equally impressive, always responsive and prompt in their communication. It was an absolute pleasure working with them, and I highly recommend Alexis and her team to anyone in need of outstanding legal representation."
