Understanding Mass Tort Litigation: What Every Consumer Should Know

What Is a Mass Tort?

A mass tort is a legal action where numerous plaintiffs bring individual claims against one or more defendants. Unlike class actions where one representative sues on behalf of a group, each plaintiff in a mass tort maintains their own individual case with unique damages.

How Mass Torts Differ from Class Actions

While both involve many plaintiffs, the key difference is individuality. In a class action, the court treats all members as having essentially the same claim. In a mass tort, each person's case is evaluated individually, which often results in more accurate compensation for each plaintiff's specific injuries.

Common Types of Mass Torts

Mass torts frequently arise from defective pharmaceutical drugs, dangerous medical devices, defective consumer products, and environmental contamination. Recent years have seen significant mass tort litigation related to various medications and medical devices.

The Process

Mass tort cases typically begin with individual claims being filed in various courts. These cases may be consolidated through Multidistrict Litigation (MDL) for efficient pretrial proceedings. Bellwether trials may be held to help gauge the value of claims, and many cases ultimately settle.