Mass tort lawsuits allow many individuals who have been harmed by the same product or event to pursue legal action collectively. This article explains what mass torts are, how they work, and how they differ from class actions, providing you with a better understanding of these complex legal cases.
What is a Mass Tort Lawsuit?
A mass tort lawsuit is a legal action in which many individuals file separate lawsuits against one or more defendants for harm caused by the same product, event, or action. Unlike class action lawsuits, where all plaintiffs are treated as a single group, each individual in a mass tort case maintains their own claim and must prove the specific damages they have suffered.
Mass torts typically arise when a defective product, toxic exposure, or other mass-scale harm affects a large number of people. Examples include pharmaceutical drugs, hazardous chemicals, and faulty consumer products. In these cases, individual lawsuits are consolidated into a single legal process to make litigation more efficient.
Key Differences Between Mass Torts and Class Actions
While both mass torts and class actions involve multiple plaintiffs, they are structured differently:
- Class Actions: All plaintiffs in a class action case are treated as one group. The court handles the case as if it were a single lawsuit, and any settlement or verdict is divided among the plaintiffs.
- Mass Torts: Each plaintiff in a mass tort case retains their individual lawsuit, even though the cases are consolidated for efficiency. The plaintiffs share pretrial proceedings, but each person is responsible for proving their specific damages and injury. Settlements and damages are awarded based on individual cases.
Common Types of Mass Tort Cases
Mass tort cases arise from incidents or products that cause widespread harm to individuals. Some of the most common types of mass tort lawsuits in the US include:
- Defective Drugs: Lawsuits against pharmaceutical companies for harmful side effects of prescription drugs, such as opioids or Zantac.
- Toxic Exposure: Cases involving hazardous materials like asbestos or chemicals, which have caused illnesses or injuries to a large number of people.
- Consumer Products: Defective or dangerous products, like faulty medical devices or vehicles, that lead to injuries or death.
- Environmental Disasters: Lawsuits related to environmental harm, such as contamination from oil spills or chemical leaks.
How Mass Tort Lawsuits Work
Mass tort cases follow a series of stages that include:
- Filing of Individual Lawsuits: Plaintiffs file separate lawsuits, which may be against the same defendant or group of defendants.
- Consolidation into Multidistrict Litigation (MDL): In many mass tort cases, individual lawsuits are consolidated into a single federal court under Multidistrict Litigation (MDL). This allows for the streamlining of pretrial procedures, such as discovery, motions, and settlements.
- Discovery and Pretrial Procedures: During the discovery phase, plaintiffs and defendants exchange evidence. This is followed by pretrial hearings, where the court rules on motions and sets a timeline for the case.
- Trial or Settlement: Some cases go to trial, while others may settle out of court. If a settlement is reached, it is divided among plaintiffs based on individual damages.
Benefits of Mass Tort Lawsuits
Efficiency: Consolidating multiple lawsuits into one legal process saves time and resources, allowing for a more efficient trial.
Accountability: Mass torts hold large corporations and organizations accountable for harm caused by their actions or products.
Compensation: Victims of mass torts can receive financial compensation for medical bills, pain and suffering, lost income, and other damages.