Class Actions

Class Actions and Mass Torts

Art Brender has been involved in numerous class actions over matters ranging from wrongful death and personal injury of premature infants due to E-Ferol to insurance bad faith to employment discrimination and equal pay issues. Our firm has been involved in mass litigation involving various other pharmaceutical products in addition to E-Ferol, as well as personal injuries and environmental damage caused by the negligence in the extraction of oil and gas. We have handled railroad and FELA (Federal Employers’ Liability Act) negligence cases, as well as injuries caused by negligence in eighteen-wheeler collisions and product defects in helicopter crashes.

Mass Torts and Class Actions usually involve injuries to a number of individuals caused by the negligence or defective products of large corporate entities. We have the experience, know-how, and the aggressiveness to represent you and your family and to obtain for you the justice to which you are entitled.

Class actions sometimes involve large corporate entities who nickel and dime consumers or cheat their employees out of a portion of their wages by actions which are contrary to federal or state statutes. Class actions also involve discrimination based on employment, wages, consumer credit, or failure of insurance companies to live up to their contractual obligations. Our firm has been involved in class actions in all of these various areas.

Examples of class actions we have been involved in are:

Klein v. O’Neal, Inc.,
705 F. Supp.2d 632, 2010 WL 1435161(N.D. Tex, Apr. 9, 2010), $110 million class action settlement against the manufacturer of an intravenous vitamin E supplement called E-Ferol that was responsible for the death of 43 infants and causing brain damage to 23 in the class of 369 recipients. E-Ferol was placed on the market in November, 1983, without any FDA approval or testing and was recalled after four months. The parents of the deceased infants and the recipient themselves, who are a part of a medical monitoring class, were not aware that they had received E-Ferol since it was included in the intravenous infant formula that was given to premature infants to prevent visual imparity and blindness. The emulsifier in the product, polysorbate 80, was later discovered to have caused liver damage and the destruction of platelets which resulted in the injuries and death of E-Ferol class members.

Watson v. Fort Worth Bank & Trust,
487 U.S. 977, 108 S.Ct. 2777, 101 L.Ed.2nd 827 (1988), landmark United States Supreme Court decision on proof required in employment discrimination cases.

Coble v. Texas Department of Corrections,
568 F.Supp. 410 (S.D. Tex., 1983), Over ten thousand women now serve as correctional officers as a result of this class action.

Ladd v. Dairyland County Mutual Insurance Company,
96 F.R.D. 335 (N.D. Tex., 1982), over one thousand African Americans received compensation for discrimination in adjusting insurance claims.

Crafted settlement with major Fort Worth bank
(Jackson, et al. v. Fort Worth National Bank, CA4-77-276-K, U.S. Dist. Ct., N.D. Tex.) creating a $300,000 scholarship fund for area minority students entering business school.

If you have been injured and believe others have been similarly injured by some illegal or negligent act of a large corporation that deals with others who are similarly situated to yourself, contact us and we will be happy to evaluate your case to determine whether or not it may be regarded as an individual action or as a class action.