A mass tort is a legal term referring to a civil action involving numerous individuals who have been injured or wronged by the same source, corporation, or entity. Mass torts typically involve a single, large damages claim brought by a group or class of people against a single defendant. Cases involving mass torts often involve dangerous products, natural catastrophes or other corporate malfeasance.
Notable examples of mass torts include but are not limited to product liability cases such as tobacco companies being sued by smokers for their links to cancer, and medical device cases such as DePuy Orthopedics being sued by users of their defective hip implants that were linked to the metal-on-metal design.
Additionally, companies such as drug manufacturers can also face lawsuits for failure to adequately warn consumers about the risks associated with various medications. The opioid epidemic is an example of a mass tort in which many users of prescription pain medications allege they were unaware of the dangers of the drugs they were prescribed.
Why Mass Torts Are Different
Mass torts are unique because they involve multiple plaintiffs filing suits against a single defendant. Additionally, the evidence used to litigate mass torts is typically similar across all plaintiffs, such as the same faulty medical device, harmful drug, or other dangerous product that caused injury or harm. Therefore, many of these mass tort cases are focused on the defendant’s liability for the products or services.
Mass torts offer a unique advantage to plaintiffs. Because multiple claims are involved, the defendant may feel pressured to settle the claims out of court. However, an individual plaintiff typically does not have the same influence or leverage over a defendant that can be achieved by a group of many plaintiffs.
Going Forward With Mass Tort Cases
In some cases, mass torts may be consolidated into a single class action lawsuit – thereby allowing a group of people to present a unified legal front with one set of goals and objectives. Before filing a mass tort claim, it is important to understand the intricacies of specific cases and the rights of each of the claimants.
It is also important to discuss with a qualified lawyer who specializes in mass torts in order to properly evaluate the potential merits of each specific mass tort claim. A qualified attorney can help you understand each element of the case, and determine if pursuing a mass tort is the right choice for you.