Mass Torts FAQs

What Is a Mass Tort?

A mass tort involves multiple plaintiffs. The plaintiffs’ cases typically share common legal and factual issues, such as injuries caused by a defective product or exposure to toxic substances.

A mass tort is a civil action involving numerous plaintiffs against one or a few defendants in state or federal court. The plaintiffs’ cases typically share common legal and factual issues, such as injuries caused by a defective product or exposure to toxic substances.

In a mass tort, each plaintiff files an individual lawsuit, but these cases are often consolidated to streamline the legal process, reduce costs, and ensure consistent rulings on common issues.

These cases often involve complex scientific and medical evidence, requiring the expertise of skilled attorneys and expert witnesses. By pursuing a mass tort, plaintiffs can hold corporations and other entities accountable for their negligence or wrongdoing, and seek compensation for their injuries, medical expenses, lost wages, and other damages.

What Is the Difference Between a Mass Tort and a Class Action?

While mass torts and class actions both involve multiple plaintiffs, in a class action, the plaintiffs are a single entity represented by a lead plaintiff. In a mass tort, each plaintiff’s case is handled individually, although they may be consolidated.

Each plaintiff in a mass tort retains control over their individual case and can make decisions about settlement or trial independently. This allows for more personalized attention to each plaintiff’s unique circumstances and damages.

What Are Some Examples of Mass Torts?

Mass tort cases encompass a wide range of legal cases where numerous plaintiffs have suffered harm or injury due to the actions or negligence of a defendant, often a large corporation. These cases can be complex and diverse, but they share common characteristics, such as similar injuries or damages among the plaintiffs and shared legal and factual issues.

Some of the most well-known examples of mass torts include lawsuits related to:

• Defective medical devices such as transvaginal mesh complications and defective hernia mesh products
• Dangerous pharmaceuticals, such as Ozempic, Wegovy, and Rebelsus
• Environmental disasters
• Toxic exposure
• Consumer products, such as PFAS, Roundup, talcum powder, video game addiction, and social media addiction

These examples demonstrate the broad scope of mass torts, which can affect people from all walks of life. By pursuing mass tort litigation, plaintiffs can seek justice and compensation for the harm they have suffered while also holding corporations accountable for their actions.

How Do I Know If I Have a Mass Tort Case?

If you have been injured or suffered harm due to a situation that has similarly affected many others, you may have a potential mass tort case. Consulting with a mass torts lawyer can help you determine if your case qualifies.

Some common signs that you may have a mass tort case include:

• You have been diagnosed with an illness or injury related to a defective product, such as a consumer product, medical device, or pharmaceutical.
• You have been exposed to toxic substances, such as contaminated water, and have experienced health problems as a result.
• You have suffered losses or damages due to a large-scale environmental disaster.
• You have been affected by widespread consumer fraud or data breaches.

If any of these situations apply to you, seek legal advice immediately. A mass tort attorney can review your case, assess your eligibility to join an existing mass tort or file an individual lawsuit, and guide you through the legal process.

What Is Multidistrict Litigation (MDL)?

Multidistrict litigation is a federal legal procedure designed to speed up the process of handling complex cases, such as mass torts. In an MDL, cases with common factual and legal issues are transferred to a single district court for coordinated pretrial proceedings.

The purpose of an MDL is to promote efficiency and consistency in the handling of large-scale litigation. The assigned judge oversees the pretrial proceedings, including discovery, motions, and settlement negotiations. If the cases are not resolved during the MDL process, they are typically remanded back to their original districts for individual trials.

A well-known example of an MDL is the Roundup (glyphosate) herbicide litigation. The decision to create an MDL is made by the Judicial Panel on Multidistrict Litigation, which consists of federal judges appointed by the Chief Justice of the United States Supreme Court.

How Long Does a Mass Tort Case Typically Take?

The length of a mass tort case depends on several factors, such as the number of plaintiffs, the complexity of the issue, and whether the attorneys can reach a settlement. Some cases may resolve within months, while others can take several years.

Several factors can influence the timeline of a mass tort case:

• The time required to investigate and gather evidence
• The duration of pretrial proceedings, such as discovery and motions
• The willingness of the parties to negotiate a settlement
• The court’s schedule and availability for trial
• The potential for appeals after a verdict or settlement

In some cases, a mass tort may be resolved relatively quickly through a global settlement, where the defendant agrees to pay a lump sum to be divided among the plaintiffs. However, if a settlement cannot be reached, the case may proceed to trial, which can significantly extend the timeline.

Plaintiffs need to understand that mass tort cases can be lengthy and complex, requiring patience and persistence. However, a mass tort attorney can help navigate the legal process, keep plaintiffs informed of developments, and work diligently to achieve the best possible outcome for their clients.

What Types of Compensation Can I Receive in a Mass Tort Case?

Compensation in a mass tort case may include economic and non-economic damages (e.g., pain and suffering). In exceptional cases where the defendant’s conduct is found to be particularly reckless, malicious, or egregious, the court may award punitive damages. These damages are intended to deter similar behavior in the future.

Economic damages intend to compensate plaintiffs for the quantifiable financial losses they have incurred due to the defendant’s actions. These may include:

• Medical expenses, such as hospital bills, medication costs, and therapy sessions
• Lost wages and future earning capacity if the plaintiff’s injuries have prevented them from working
• Property damage, if applicable

Non-economic damages, on the other hand, compensate plaintiffs for the intangible losses they have suffered, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (i.e., the loss of companionship and support from a spouse or family member)

The amount and types of compensation available in a mass tort case can vary widely depending on the specific circumstances of each plaintiff’s case, the severity of their injuries, and the applicable laws in their jurisdiction. A mass tort attorney can help plaintiffs assess their damages and build a strong case to pursue the compensation they are entitled to under the law.

How Much Does it Cost to Hire a Mass Torts Lawyer?

Many mass tort lawyers work on a contingency fee basis, meaning they only receive a fee if you get compensation. The fee is typically a percentage of the settlement or judgment you receive. The contingency fee percentage can vary depending on the case’s complexity, the litigation’s expected duration, and the lawyer’s experience and reputation.

The contingency fee arrangement allows plaintiffs to pursue their claims without paying significant upfront legal fees, making it easier for individuals to access the legal system and seek compensation.