What is Mass Tort?
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What is Mass Tort?


Mass tort refers to a civil action involving numerous plaintiffs against one or a few defendants in state or federal court. Unlike class action lawsuits where one or more plaintiffs represent a larger group of similarly situated individuals, each plaintiff in a mass tort lawsuit maintains separate claims. These claims typically arise from a single harmful event, such as a defective product, environmental disaster, or mass accident. Mass tort cases often involve complex legal issues and substantial damages, making them distinct from individual lawsuits. Examples of mass tort cases include litigation related to pharmaceutical drugs, medical devices, asbestos exposure, and environmental pollution.

A mass tort is indeed a civil lawsuit initiated by multiple individuals who have suffered harm due to the same event or a series of related events. In these cases, the defendants are responsible for causing numerous injuries through the same or similar harmful actions, which may include:

  • Defective products
  • Dangerous drugs
  • Commercial plane crashes
  • Explosions
  • Pollution
  • Groundwater contamination
  • A medical device
  • A train accident
  • A construction disaster

Each of these scenarios can lead to mass tort litigation, where the plaintiffs collectively seek legal recourse for the damages they've sustained.

In mass tort cases, each victim maintains an independent legal right to pursue a claim, distinguishing them from class action lawsuits. These cases can be consolidated into a multi-district litigation (MDL) when they involve numerous plaintiffs and common issues of fact. Mass torts typically encompass claims related to products liability, negligence, or intentional torts.

This form of litigation often yields substantial compensation for those harmed and frequently results in significant settlements or verdicts. Examples of mass torts include injuries arising from medical devices, motor vehicle defects, prescription drugs, product liability issues, and toxic contamination incidents.

Mass tort cases are not typically suited for class actions and are instead more commonly prosecuted through MDL proceedings. Conversely, class action lawsuits may be pursued in cases focused on consumer protection, particularly when a product or drug is found to be hazardous to consumers.

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