Mass Tort Litigation: Guide for 2024

Imagine you’ve been harmed by groundwater pollution leaking from a nearby industrial factory. You decide to sue the company that runs the factory and file a lawsuit. A judge later determines that the company is facing several similar lawsuits stemming from the factory leak. These cases might be considered a mass tort because many individual plaintiffs have suffered from a common event.

In this article, we’ll break down what qualifies as a mass tort and how these cases are handled in the legal system. We’ll also look at how mass torts settle, and the differences between mass torts and class action lawsuits.

Mass Tort Meaning and Explanation

Let’s start at the beginning. A tort is any act that causes harm or infringes on a right where the responsible person is legally liable. For example, driving erratically and causing a car accident is a tort. The driver has a duty to drive safely and if their failure to do so causes injury or property damage, then that’s a tort.

So, what is a mass tort? The Legal Information Institute at Cornell Law School defines a mass tort as “some act or omission that harms or injures numerous people”. Essentially, it’s the same idea as a tort, but one action impacts many people.

One of the most common types of mass tort claims comes from defective products. The manufacturers of products have a duty to ensure their products are safe. Putting a dangerous product on the market, such as by failing to catch and remedy a design defect, could cause harm to multiple people. The act is the company’s placement of a dangerous product in the market. The harm to numerous people comes from consumers injured by the defective product.

Process For Mass Tort Cases

Here’s what you need to know about how the legal system approaches mass tort cases.

Multidistrict Litigation

Most mass tort disputes are resolved through multidistrict litigation. When you have multiple claimants alleging the same bad act, the court system often prefers to group the claims together. Claims are still individual, but the grouping helps move cases through the legal system efficiently.

Multidistrict litigation is a federal legal process. As a result, cases from several states can be grouped together. Where a case is heard will depend on the jurisdiction for a majority of the claims. The location of witnesses and a court’s pending caseload will also be considered.

Grouping mass tort claims through multidistrict litigation prevents the possibility that similar claims would lead to different outcomes. One judge will hear the cases even if there are thousands of claimants.

Bellwether Cases

A common step in multidistrict litigation is setting some cases for bellwether trials. This sets a small number of representative claims for trial, while leaving the others pending. The outcome of bellwether cases provide vital information to all of the involved parties. This information typically encourages settlement of outstanding claims similar to those resolved in bellwether trials.

Mass Tort Settlements

When mass tort cases settle, each settlement is individual to the plaintiff. While a defendant might offer similar settlements to plaintiffs who bring similar claims, each settlement can be negotiated separately.

Your settlement in a mass tort case will depend on several factors, but your lawyer will be responsible for negotiating the best deal on your behalf. ConsumerShield connects individuals harmed by mass torts with knowledgeable lawyers. Fill out the form on this page to connect with a local attorney today.

Mass Tort vs. Class Action Cases

A lot of people confuse mass tort and class action cases because both involve a defendant’s actions harming multiple plaintiffs. However, there are some big differences. Here’s what separates the two:

Mass Tort Examples

Lawsuits based on mass torts often gain significant press. Here are a few examples of well-known mass tort cases:

• Ozempic. Over 100 plaintiffs have alleged injuries related to their use of this weight loss drug. Multidistrict litigation has been set in Pennsylvania.

• Roundup. Plaintiffs allege use of Roundup led to development of cancer and neurological disorders. Bayer put forward a global settlement to resolve many of the claims against it, but individual mass tort lawsuits are still possible.

• Elmiron. This drug was developed to treat bladder inflammation, but its use was later linked to development of a rare eye condition. Multidistrict litigation is ongoing to resolve the many claims by patients who were not made aware of this potential side effect.