Mass Action Lawsuits

Personal Injury, Motor Vehicle, Cruise Ship, Recreational Boating, and Jet Ski Accident Attorneys Serving Florida.

Millions of Americans use prescription drugs or medical devices each day to help with illness, disease, or serious medical conditions every day. As someone who needs this medical help, you trust that the medicine or treatment you receive will help you. Unfortunately, often times prescription drugs and medical devices can cause more harm. When that happens, our attorneys are here for you.

At the Hickey Law Firm, we’ll use our decades of experience to fight for your rights. We have handled numerous cases dealing with prescription drugs, medical malpractice, and defective medical products allowing us to help clients from all around the country.

If you’ve been injured by a dangerous prescription drug or medical device you may be entitled to compensation for your pain and suffering. Please contact our experienced lawyers today by filling out the form on this page or by calling us at 305-371-8000 to schedule your free consultation. We proudly help those who live in the Miami, Florida area as well as across the nation.

What If the Drug I Took Was a Generic Brand?

If you or a loved one has suffered injury as a result of generic or even over-the-counter medication, you may have grounds for a lawsuit. In recent years, mass action lawsuits have been brought against a number of generic and over-the-counter drugs. Examples include 3M earplugs, certain denture creams, and Zantac, an over-the-counter antacid. If you have questions about adverse reactions to prescription or non-prescription medication, contact Hickey Law Firm to discuss the options available to you. 

How Long Does a Mass Action Lawsuit Take?

Mass action lawsuits are unique and complex due to the different sets of circumstances that may be involved. There are several processes involved in the mass action lawsuit, each of which may take a fair amount of effort and time. Hundreds of plaintiffs may be involved, and all need to be interviewed to obtain the necessary amount of evidence to support the case. In addition to the sheer number of interviews that must take place, there are other factors that may contribute to the overall duration of a mass action lawsuit. For example, the law firm may need to find expert witnesses and schedule deposition testimony. It is also necessary to collect multiple pieces of evidence across involved parties. Finally, a case may take longer if the defendant is unwilling to enter negotiations for an adequate settlement that is fair to the plaintiffs. Our team works diligently in all mass action lawsuits to help clients recover the compensation they deserve for their injuries.

What Kind of Damages Can I Claim in a Mass Action Lawsuit?

The damages claimed in mass action lawsuits are not entirely different than those typically claimed in class action lawsuits. Common grievances include the financial and physical damages incurred by the negligence of a company. A mass action settlement, with or without a trial, may award plaintiffs economic damages that cover their out-of-pocket expenses. Additionally, a company or court may award certain noneconomic damages for subjective harms such as pain and suffering. 

If I’ve Experienced Complications from a Dangerous Drug, Do I Have a Claim?

Defective medications can cause a variety of very serious side effects and complications. Some of the most common side effects that are mentioned in mass action lawsuit claims include birth defects, chronic pain, liver or kidney damage, increased cancer risk, blood clots, and cardiovascular conditions. 

It is important to understand that having complications from any drug is not a guaranteed reason for a claim. The burden of proof is on you and your legal counsel to establish three items. These include your injury, the connection between the injury and the drug, and that the drug was defective. A drug may be defective due to poor manufacturing or improper design. Failure on the part of the manufacturer to properly warn consumers about potential side effects may also provide grounds for a claim. 

If you believe you have been injured by a defective drug or product, it is in your best interest to consult with an experienced law practice. Our attorneys have helped people from all around the country obtain the assistance they've needed to determine if they have a viable case and, when they have, receive the compensation they deserve for the effects on their health and well-being. 

Harmful Prescription Drugs

Prescription drugs are administered to patients in order to address pain, illnesses, and disease. However, there are many harmful prescription drugs that do just the opposite, causing serious injuries and further medical issues. 

Defective Medical Devices

Medical devices are used to help patients with various health issues. However, sometimes the medical devices used are defective, leading to serious injury and sometimes even death. Below we list some of the defective medical device cases we handle.

Hernia Mesh

Surgical mesh has been used to repair abdominal surgeries since the 1950s. The mesh has been available in organic and synthetic materials-- either absorbable, non-absorbable, or a combination of both. The woven material is now used in a variety of surgeries: Starting in the 1970s, hernia mesh products were used to do abdominal repair of prolapse.

Complications such as postoperative hematoma and seroma, foreign body reaction, organ injury, infection, mesh rejection, and fistula are being noted.

We help clients all around the country who've been injured from defective hernia mesh receive the justice they deserve.


As of July 2018, pharmaceutical giant Bayer announced that it would discontinue sales of Essure, a permanent female birth control implant, by the end of the year. The implant has been at the forefront of complaints by medical professionals and thousands of women who have experienced serious injury and side-effects from using the device.

Throughout its history, Essure has been the subject of an estimated 16,000 lawsuits by women who’ve experienced serious injury resulting from using the device, including abdominal and pelvic pain, bleeding, hypersensitivity reactions to other products, perforation of the uterus and the fallopian tubes. There have also been numerous deaths, including of a few infants, attributed to the defective medical device.

There are an estimated 750,000 women in the U.S. implanted with the device. According to the Federal Drug Administration (FDA), there were 5093 injury reports between the years of 2002 and 2015 from women who used the device. If you or someone you love has suffered serious injury or worse because of using Essure, contact our experienced attorneys today.

Compensation We Can Pursue

If you or a loved one has been seriously harmed by a prescription drug or medical device, you deserve justice and compensation.

Compensation awarded in harmful prescription drug and defective medical devices cases can be used toward expenses, including:

Contact Our Experienced Attorneys Today

Sustaining injuries from a dangerous drug or device is serious. Contact us so we can help fight to make sure this doesn't happen again. Nobody deserves to suffer from a defective product. Our lawyers at the Hickey Law Firm will fight for you, so you can focus on your family and your recovery.

If you’ve been injured by a prescription drug or medical device, please give our office a call at 305-371-8000 or contact us online to schedule your free initial consultation.

A great review for Hickey Law Firm, P.A. in Miami, FL