What Is A Mass Tort Lawsuit?

A mass tort is an act, or lack of an act, that harms many people. A “tort” is the legal word for an act of harm and “mass” refers to many people. Mass tort lawsuits are civil litigation in which harmed people file lawsuits against one or more defendants. These people are alleging harm from a certain product, device or event. Mass torts are often handled through legal processes like multidistrict litigation, state court consolidations or class action lawsuits.

Key takeaways about mass tort lawsuits

• Multidistrict litigation (MDL) involves many individual plaintiffs filing individual lawsuits that make similar claims against one or more defendants. The cases are centralized into one court for pretrial motions. Some state courts have similar consolidation methods where many individual plaintiffs filing individual lawsuits in state court may be consolidated or coordinated together.
• Class action lawsuits involve one or more plaintiffs filing a lawsuit on behalf of a larger group, called the “class.”
• People pursuing mass tort lawsuits could be eligible for economic, non-economic and punitive damages.

In mass tort litigation, numerous individuals file civil claims against the same defendants for similar harms. When multiple mass tort cases are filed, courts must decide how to proceed efficiently. Mass tort litigation, multidistrict litigation (MDL), state court consolidations and class action lawsuits are common ways to handle these cases.

Mass tort cases

Common types of mass tort cases include:

• Dangerous drugs
• Defective medical devices
• Mass disasters
• Product liability
• Toxic exposure

Mass tort lawsuits differ from other types of litigation in several important ways:

• Personal injury lawsuits: Individual lawsuits filed by one person alleging they suffered harm because of another person’s, or entity’s, negligence
• Wrongful death lawsuits: Individual lawsuits, typically filed by surviving family members of a deceased loved one
• Mass torts: Many individuals filing lawsuits against the same defendants, or group of defendants, for similar harms
• Multidistrict litigation: Streamlines the handling of many cases (called mass torts). MDLs consolidate cases into one court. Each lawsuit remains separate, but pretrial processes work for the benefit of all claimants.
• State court consolidations: Similar to multidistrict litigation, it streamlines handling of many cases filed in state court before one judge. Each lawsuit remains separate, but pretrial processes work for the benefit of all claimants.
• Class actions: One plaintiff sues a defendant on behalf of a group of people alleging similar harms. Once a lawsuit has been filed on behalf of the class, no additional plaintiffs can join. The outcome is binding on all class members, and any damages are divided among them.

Individuals who want to pursue a mass tort claim should:

• Contact an attorney with experience in similar matters
• Discuss their case with the attorney to determine their eligibility to make a claim
• Assist their legal team with gathering documentation and evidence
• Pay attention to case updates as communicated by your legal team

Contact a mass tort attorney

If you or someone you love suffered an injury due to a defective product, drug, or medical device, you may qualify to be a plaintiff in a mass tort. You could be eligible to seek compensation for pain and suffering, medical bills, lost income and more.

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You can also reach our team by calling 1.800.768.4026.

The types of compensation available to individuals in mass tort lawsuits include:

• Economic damages: Tangible losses, such as medical expenses, loss of income or earning capacity resulting from a personal injury
• Non-economic damages: Damages for non-quantifiable losses like disfigurement, impairment, inconvenience, loss of companionship, loss of consortium, loss of enjoyment of life, mental anguish, pain and suffering and reputational injury.
• Punitive damages: Damages awarded by a court when the defendant’s harm is considered particularly hurtful.

How long does a mass tort lawsuit take?

The amount of time a mass tort lawsuit takes depends on the unique facts of the litigation, how the courts progress the litigation forward and other factors. In some cases, it may take years or even decades for mass tort lawsuits to resolve or settle.

What is an example of a mass tort case?

The current Roundup weedkiller lawsuit is an example of an active mass tort case. Plaintiffs in this MDL case (MDL 2741) claim Monsanto’s Roundup weed killer caused them to develop non-Hodgkin lymphoma.

Those injured allege Monsanto failed to include adequate warnings about the carcinogenic nature of Roundup’s primary ingredient, glyphosate.

What are the advantages of joining a mass tort lawsuit?

Large mass torts against big corporations might produce better settlement results and higher compensation amounts than just one lawsuit. However, each lawsuit is different and outcomes vary. Also, it allows numerous plaintiffs to share in the costs and expenses in litigating these cases, rather than just one plaintiff.

Motley Rice attorneys have represented clients from across the country in complex litigation. Our attorneys protect individuals, families and consumers. We fight for justice for those injured by dangerous and defective products.

Our attorneys have held numerous leadership positions in diverse multidistrict litigations. These include those that address consumer fraud, toxic exposure, dangerous medical drugs and devices.

Read more on our complex litigation experience.

Sources

1. Illinois General Assembly. 735 ILCS 5/2-1115.2.
2. Legal Information Institute. Noneconomic damages.
3. Legal Information Institute. Punitive Damages.
4. Reuters. Explainer: What does Bayer's US Supreme Court case mean for the thousands of Roundup lawsuits?