Recent successful examples of mass torts, such as the Roundup (Glyphosate) and Opioid litigations, have resulted in billions of dollars in settlement amounts from pharmaceutical companies. These successful litigations show how powerful mass tort claims are in holding larger corporations accountable.
Unlike class action claims, mass tort lawsuits allow each complainant to maintain an individual lawsuit while sharing legal approaches and resources with others who have suffered similar injuries.
To successfully join an ongoing mass tort claim, you must understand the intricate legal process, gather comprehensive evidence, and partner with a skilled mass tort attorney or other legal professionals who can help you navigate through the complexities of the litigation.
What Is a Mass Tort Claim?
A mass tort claim is a civil action that allows multiple plaintiffs who have suffered similar harm from the same medication, product, or corporate negligence to file lawsuits separately while seeking justice collectively.
One of the most notable examples of mass torts is the Roundup litigation, which has culminated in almost $18 billion in settlement payouts involving Bayer for its role in fueling a surge in cancer diagnoses globally.
Mass torts often arise from widespread injuries caused by:
- Defective pharmaceuticals or medical devices
- Faulty medical devices
- Toxic products
- Toxic exposure cases, including exposure to dangerous chemicals or even water contamination
- Catastrophic events linked to corporate wrongdoings
Although these lawsuits are consolidated for efficiency during pretrial proceedings, every complainant retains their own case and can pursue compensation through mass tort claims based on the specific injuries they suffered. This differs drastically from a class action claim, where a single outcome applies to all claimants, irrespective of their individual situations.
Mass tort claims are typically filed in state or federal courts. Courts then merge individual cases into a multidistrict litigation (MDL) for coordinated hearings and discovery. MDLs help ensure consistent rulings and provide consistent rulings across similar cases, allowing judges to handle thousands of similar cases more efficiently while retaining each complainant’s right to fair and personalized compensation.
Mass Tort vs Class Action
Unlike class action lawsuits, mass tort claims treat each plaintiff’s case individually, allowing for more personalized legal action and compensation.
Mass torts and class actions are similar, but mass tort claims are more personalized than class action suits. In class action lawsuits, all the plaintiffs join together in a single lawsuit against a common defendant, and the individuals involved are referred to as class members. Class members share in any settlement or judgment, but they have limited control over the decisions made in the case.
A class action is a single case involving multiple plaintiffs. When a class action litigation settles or goes to trial, there’s a single judgment or trial for each of the claimants.
Mass tort suits merge only pre-trial proceedings. That means claimants who join ongoing mass tort claims retain the right to have their own trial and a personalized settlement or judgment.
Individuals can choose to opt out of a class action lawsuit and file a separate claim, allowing them to pursue compensation tailored to their unique circumstances.
Here are a few ongoing mass tort cases we have covered:
- PFAS (forever chemicals)
- Ultra-processed foods
- Ozempic lawsuits
- Biozorb implants
- Exactech knee implants
- Social media lawsuits
- Uber sexual assault lawsuits
- Wegovy lawsuits
Who Can Join an Ongoing Mass Tort Lawsuit?
To join ongoing mass tort claims, you must meet specific eligibility requirements. These requirements help establish if you can take part in a lawsuit alongside other complainants who have endured similar injuries from the same defendant. Here’s what you need to know about mass tort eligibility requirements:
- Similar injuries: To qualify to join an ongoing mass tort lawsuit, you must have suffered harm that is similar to that of other plaintiffs involved in the ongoing litigation. That may include physical harm from toxic medications or health complications linked to defective products. Your injuries must be directly connected to the negligence or actions of the same defendant.
- Proof of negligence: You must demonstrate that the defendant was negligent. This includes identifying negligent parties and liable parties who are responsible for your injuries. That encompasses demonstrating that they didn’t adequately warn consumers about possible dangers associated with their products or that they manufactured faulty products. Comprehensive evidence supporting this allegation is vital in establishing your eligibility to recover compensation in mass tort claims.
- Timing of injuries: The time when you suffered your injuries is also pivotal in establishing your eligibility. Most mass tort claims are based on specific time frames or incidents. For instance, if a drug manufacturer released a medication that caused injuries during a particular period, only those who were affected within that duration are eligible to join an ongoing mass tort lawsuit.
Deadlines and Statute of Limitations for Joining
Understanding legal deadlines is pertinent in retaining your rights to file a lawsuit, especially if you’re considering joining an ongoing mass tort claim. Various forms of time limits might apply, and missing even one may bar you from pursuing compensation, no matter how severe your injuries are.
- The statute of limitations: This is the primary deadline for joining mass tort claims or personal injury lawsuits. The statute of limitations sets the maximum time following an injury during which you can file a claim. Florida, for example, allows four years to file product liability cases, while New York caps it at three years. If you file your case after this time limit has expired, your claim will undoubtedly be dismissed–even if you meet the eligibility criteria.
- The statute of repose: Sometimes, a statute of repose may apply in addition to the statute of limitations. It sets an absolute deadline depending on the date a drug or product was manufactured or sold, not when you suffered the harm. For instance, in Florida, the statute of repose caps most product liability lawsuits at more than 12 years after a drug or product’s initial sale, which means if your injuries occur later, you won’t have legal recourse.
- The discovery rule: If your injuries or their cause weren’t immediately visible, the discovery rule might apply. This rule allows the statute of limitations to kickstart when you discover the link between your injuries and the defective product or exposure. This legal principle is particularly relevant in defective medical devices, toxic exposure claims, or drugs with delayed side effects
But it’s crucial to note that states interpret and apply discovery principles differently. Some strictly limit the duration of the extension, while others are more generous.
To avoid missing critical deadlines, schedule an initial consultation with a mass tort attorney as soon as possible.
How to Find Out if You Qualify
Speaking with a qualified mass tort attorney is the best way to establish if you meet the eligibility criteria to join a mass tort lawsuit. A skilled mass tort attorney, or experienced mass tort attorney, can help you assess your claim’s merits and conduct necessary research to find eligible complainants to join the lawsuit. Further, an experienced attorney can offer numerous benefits, including:
- Access to an expert witness who can testify on your behalf
- The ability to negotiate with defense teams for your maximum possible settlement amount
- Knowledge of research that they can apply to your lawsuit
- Education and training in mass tort litigation enable your attorney to guide you through each step of the mass tort legal process.
- The support of legal professionals and a dedicated legal team who can manage complex litigation, coordinate resources, and provide strategic guidance throughout your case
A law firm with experience in mass torts can develop effective legal strategies to maximize your compensation and improve your chances of success.
Mass torts are complicated, but an attorney can strengthen your claim and conduct the research needed to initiate the complex legal process. Once you realize you may qualify to join a mass tort litigation, contact a lawyer as soon as possible to discuss your legal options and strategize your road to compensation.
Steps to Join an Ongoing Mass Tort Case
If you suspect you may be eligible to join an ongoing mass tort claim, you may be wondering what happens next. Unfortunately, joining one isn’t as simple as filling out an application form. There’s an elaborate process, and getting things right is crucial. Let’s dive into the typical mass tort lawsuit process.
- Gathering evidence and documentation: This is a fundamental step because it provides proof for your claims. Evidence gathering is essential, and you should collect everything related to your condition. Relevant evidence includes:
- Medical documents: Medical records demonstrating your diagnosis, treatments you’ve undergone, prescriptions, and any records linking your situation to the defective medical device or dangerous drug are pivotal. The defense team may also review your entire medical history, so be upfront about pre-existing conditions.
- Proof of use: Gather doctor’s notes, pharmacy records, leftover packaging, and anything showing you used the specific drug or device in question.
- Financial documents: Proof of lost income if you were unable to work, medical treatment expenses, medical expenses, medical costs, and receipts for related bills are key in demonstrating the economic impact of your injuries.
- A personal journal: Document your symptoms, when the injuries started, how they impact your daily life, and discussions with your doctors. This adds context to your medical documents. Injuries may include permanent disability or, in tragic cases, wrongful death, both of which may be compensated in a mass tort action.
- Contacting a skilled mass tort lawsuit attorney: The first step in joining a mass tort claim is often contacting an attorney. This offers you an opportunity to narrate your story, show the evidence you’ve collected, and get a legal opinion on whether you have valid grounds to join an ongoing mass tort claim. Your attorney will listen, assess your evidence, and start investigating. They’ll also compare your circumstances to others to determine if there are similarities–a fundamental part of determining if you qualify to join a mass tort litigation. Additionally, they may hire medical experts to review the connection between the defective product and your injuries, and use expert testimony to help build a strong case.
- Filing the claim: If your attorney’s investigations suggest you have a valid legal claim, and it fits the pattern of other similar conditions caused by the same defendant, your attorney will prepare and file your individual claim in the correct court. This needs to happen before the statutes of limitations or legal deadlines run out, which is why seeking legal advice is crucial. Your attorney will file your lawsuit, which will potentially be consolidated with others in a multidistrict litigation (MDL) if one exists.
- Navigating through the procedural requirements: The mass tort lawsuit process involves intricate legal procedures. First, there’s discovery (exchanging evidence between the parties), which is a critical phase for evidence gathering, including sharing medical records, expert testimony, and corporate documents. This is followed by motions (where attorneys present legal arguments to the court), and ultimately, bellwether trials. Bellwether trials are test trials in which a few representative cases from the larger group are tried first to gauge how juries and judges will react to the legal arguments and evidence. Their outcomes significantly influence settlement negotiations for other plaintiffs. This is where getting legal help shines because your attorney can help you ensure all these procedural requirements are carried out correctly, increasing your chances of recovering adequate financial compensation.
Attorney fees are typically discussed up front. Most mass tort attorneys work on a contingency fee basis, meaning you do not pay unless you win, which helps manage legal costs.
By following these steps, plaintiffs can seek compensation for their injuries, pursue justice against negligent parties, and work toward fair compensation for the harm they have suffered through the mass tort process.
Should You Join or File Your Own Claim? Pros and Cons
Mass tort claims are beneficial for both complainants and defendants. These cases involve multiple plaintiffs—often many plaintiffs—who have suffered similar harm or injury, typically due to defective products or corporate misconduct. Mass torts bring together many plaintiffs with similar claims, allowing for the discovery process, use of expert witnesses, investigations, and pretrial preparation to be transferable between claimants, reducing the work that both parties must expend.
Additionally, mass torts level the playing field for complainants who may otherwise be intimidated by the prospect of going against large entities or corporations alone. By consolidating resources, individual plaintiffs gain collective strength, share the legal expenses, and increase their chances of securing fair and reasonable compensation.
Furthermore, this litigation strategy provides plaintiffs’ lawyers with an excellent chance to share common details, thereby maximizing the value of individual lawsuits. Even though cases are consolidated for efficiency, each plaintiff retains the right to pursue an individual trial or settlement based on their unique circumstances.
Despite all those benefits, mass tort lawsuits aren’t without their cons. A significant drawback is that individual complainants may feel invisible because the specific aspects of their situation may not get sufficient attention. This could result in settlement amounts that don’t sufficiently address the unique losses suffered by individual claimants.
Moreover, mass tort claims can be highly complicated and lengthy, requiring rigorous coordination and negotiation, which can deplete resources and delay the litigation process. Additionally, there’s a risk of receiving inadequate settlement payouts per plaintiff, as the final compensation figure is divided among possibly thousands of claimants.
Critics frequently question whether mass tort litigation achieves legal justice. They contend that although mass torts efficiently process thousands of lawsuits, they don’t always lead to meaningful accountability for corporate defendants, who may feel that settlement payouts are simply the cost of doing business rather than a discouragement to future harm to the public.
How Allconsumer.com Can Help
Navigating a lawsuit, especially a mass tort lawsuit, can feel challenging, and handling everything on your own could result in settling for less than what you’re entitled to.
At Allconsumer.com, we partner with experienced lawyers who provide essential legal representation in complex cases. They can help you gather the evidence you need to validate your claims and recover adequate compensation to cover your medical bills, lost wages, and emotional and physical suffering. We’re also committed to educating consumers on defective products. Sign up for our latest newsletter to stay informed about the latest consumer matters.
