Class Actions & Mass Torts

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South Carolina Class Action Lawsuit Lawyer Who Delivers Results

When you invest in a product that does not work, you feel cheated. When you realize that you are a part of a large group of people who have all made an investment in a faulty product, you want retribution on behalf of everyone who has suffered. The South Carolina class action attorneys at McGowan, Hood & Felder, LLC understand your frustrations, and they will help you make the best decisions possible in your potential class action lawsuit.

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The Definition of Class Action Lawsuits

Class action lawsuits permit one or more persons to sue or be sued as representative of a large group of people interested in the same matter or issue. The court where the suit is brought typically has wide discretion in determining whether a class action lawsuit will be allowed to proceed. Certain requirements must be met for the class action lawsuit to survive:

  • The class must be so large or dispersed that joining all individuals would be impractical.
  • There must be questions of law and fact common to all members, and these common questions of law and fact must outweigh any individual questions.
  • The named parties must adequately represent the interests of their class.

In the United States, federal courts and most state courts allow class action suits. Such suits have figured prominently in civil rights litigation and in other cases brought to further social and economic reform. In recent decades, groups of consumers and others seeking to cure harms to society have employed class action suits.

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Types of Class Action Lawsuits

There are various types of class action lawsuits that can be brought in state or federal court to provide legal redress to consumers and injured parties. Consumer protection class action lawsuits are cases on behalf of consumers against lenders, corporations and insurance companies for violating a business practice, breaching a warranty or committing fraud against large numbers of consumers.

Large-scale consumer protection cases and class action lawsuits are typically complex and likely to involve mountains of documentation, dozens of investigators, experts, consultants, volumes of state and federal legislation and challenging or novel legal issues. They are not ordinary cases in any respect.

The class action lawsuit is a significant tool that allows groups of plaintiffs to prosecute their claims. This tool also allows the joining together of small claims so that defendants with superior resources are forced to protect themselves on level playing fields. Our South Carolina injury attorneys are among the state’s most experienced in bringing class action lawsuits. We have represented groups of plaintiffs harmed by securities fraud, legal malpractice, anti-trust litigation as well as business and consumer fraud. At McGowan, Hood & Felder, LLC, we recognize the vital role class action lawsuits play in protecting victims’ rights and we are committed to continue to lead in this important field.

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Consumer Protection Laws

Corporations and industries pay lobbyists to convince Congress to pass legislation that benefits them. As a result, corporate interests and lobbyists have chipped away at laws and regulations protecting consumers. In order to put more power in the hands of consumers against corporate giants, McGowan, Hood & Felder, LLC represent clients in cases where false advertising, predatory practices, and malfeasance on the part of companies results in injury or harm. Our consumer protection lawyers investigate wrongdoing on the part of corporations, research case histories and persuade the court to enforce legislation and regulations intended to provide consumers with protection and legal recourse.

Protecting Consumer Rights

McGowan, Hood & Felder, LLC represents consumers regarding the following:

  • False advertising
  • Bad faith insurance practices
  • Violations of the Fair Debt Collection Practices Act
  • Deceptive practices on the part of lenders or mortgage companies

Assessing Harm

Dishonest and deceptive practices can harm consumers in a number of ways. Depending on the nature of your dispute, your credit rating could be adversely affected, your insurance premiums raised or your ability to qualify for certain kinds of loans compromised. Our consumer protection lawyers can initiate legal proceedings to assist you in resolving problems before they get out of hand.

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Environmental Torts

Threats to our water supply can harm people and families. Exposure to dangerous elements that have found their way onto land that we use and on which our children play also threatens people and families. The ways that these things can occur is when a factory or business allows pollutants into the environment in South Carolina. Our experienced legal team is committed to protecting our environment and our clients from environmental toxins. Your life is our mission, and we will fight for justice on behalf of anyone who has suffered injury because of chemical pollutants.

Groups of people injured by environmental pollution may have significant legal claims. When a group of people has either an identifiable personal injury or property damage from toxic releases into the environment, then they may have a claim.

People ingest toxins through drinking water or exposure to land contaminated with pollutants all over the United States. Dangerous chemicals and toxins are sometimes hidden or buried for many years after a plant has closed, leaving people with little opportunity for legal action. The attorneys at McGowan, Hood & Felder, LLC know how to attempt to provide legal recourse for those people harmed by water contamination or land pollution. Your life is our mission.

Factories and businesses pollute in many ways. The most common cause of environmental pollution is petroleum. This usually takes the form of gasoline leaking from an underground storage tank. However, pollution can take many different forms. For example, toxic exposure to herbicides and pesticides create health effects related to the following areas: reproductive, gynecological, immunological, liver, gall bladder, dermatological, neurological, and cancer (such as soft tissue sarcomas, lymphomas and leukemia). Manufacturers of these chemicals have often defended cases involving personal injuries or wrongful death. Such manufacturers as Dow, Hercules, Monsanto, Diamond Shamrock, Georgia Pacific, ITT, Champion, Vertac and RhonePoulanc have faced the effects of their products through legal claims.

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Mass Tort

Mass torts involve a large number of people injured through the conduct of one or more companies or people, usually through exposing people to dangerous products. The South Carolina injury attorneys at McGowan, Hood & Felder, LLC have represented clients involving a number of prescription medications, medical devices and food products. These types of cases range from drugs recalled by the Food and Drug Administration to medical devices found to cause severe injury to tainted food products that manufacturers place into the stream of commerce.

The South Carolina injury lawyers at McGowan, Hood & Felder, LLC will also represent people who have cases involving a wide range of other products, such as asbestos, defective pacemakers and defibrillators and Bausch & Lomb ReNu brand contact lens solution.

Recalled Products

Below is a list of drugs involved in a defective drug recall, that had a black box warning attached the product or that had other information that may indicate that the drug can cause injury. In addition, we currently have clients we are representing against the manufacturers of these products, or we are investigating the possibility of litigating claims against the manufacturers of these products.


Medical devices and other products:

  • Asbestos/mesothelioma
  • Bausch & Lomb lens solution
  • Complete Moisture Plus lens solution
  • Dangerous toys
  • Defective children’s products
  • DePuy Hip Implants
  • Gadolinium Contrast Dye for MRIs (causing nephrogenic systemic fibrosis, or NSF)
  • Guidant defibrillators
  • Medtronic defibrillators/leads
  • Roundup Herbicide
  • Salmonella contaminated peanut butter
  • Transvaginal Mesh

Although lawyers individually represent clients in mass tort cases, the system allows for consolidation and streamlining by allowing lawyers for numerous clients to “pool” their discoveries. Our legal team can conduct numerous witness depositions and document gathering at once, with the information centralized and shared among the parties for each individual trial or settlement negotiation.

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