Mass tort lawsuits are among the most complex and large-scale forms of litigation. These lawsuits involve hundreds or thousands of claimants who were injured by a common drug, environmental hazard, or product. The number of people affected and the scope of these claims mean the duration to resolve them is lengthy.
Take, for example, the 3M Combat Arms Earplug lawsuit. 3M agreed to a $6.01 billion settlement in 2023 to resolve lawsuits from approximately 260,000 United States service members and veterans who claimed that faulty earplugs caused them to develop hearing problems. The civil litigation lasted for several years and was one of the largest mass tort settlements in American history, underpinning the massive stakes and complexities involved in these types of lawsuits.
So, what factors influence the average duration of a mass tort case? And what should you expect as your lawsuit unfolds?
What Is a Mass Tort Lawsuit?
A tort is a “civil wrong” committed by a single person against another party that results in harm. Often, in a tort lawsuit, one claimant is suing one defendant.
Mass tort lawsuits occur when many claimants suffer harm from a single tort committed by one or more defendants. Common mass torts involve lawsuits against pharmaceuticals or manufacturers of consumer products. Here, one drug or product can injure many people. Mass tort litigation enables injured parties to consolidate their lawsuits for consistency and efficiency.
A group of claimants can’t just come together and create a mass tort on their own. But they must seek permission from a judge. The judge considers the number of claimants, their location, the degree of relatedness between individual cases, and the similarities in their injuries.
Suppose the judge believes that these factors and others are valid. In that case, they’ll proceed with ordering mass tort litigation and publish a notice of the litigation, allowing other affected parties to join.
How Do Mass Torts Differ From Class Actions?
People often confuse mass tort and class action lawsuits, and although they share some similarities, it’s vital to understand the key differences between the two.
In class action lawsuits, one or more claimants are allowed to file a claim on behalf of a large group, known as a “class.” If a settlement payout is awarded, the proceeds are distributed equally among the class members.
But in mass tort lawsuits, instead of filing a single lawsuit, each plaintiff files their own separate case. However, the lawsuits are handled together by a single judge for discovery, legal ruling, and trial. Handling the lawsuits “in mass” is more convenient for judges. Still, each lawsuit is treated as a separate case, and a settlement is awarded based on the specific damages each plaintiff sustained.
Additionally, class action lawsuits differ from mass torts in terms of matters to be resolved in courts. When claimants have similar allegations and damages, a class action suit is often the best option for them. But when the claims and damages are different for each claimant, even though the causes are similar, then a mass tort claim is a better choice.
Average Duration of Mass Tort Case
Since every mass tort lawsuit involves unique circumstances, the answer to the question, “How long do mass tort lawsuits take?” is that it depends. Some mass tort lawsuits end after just a few months when attorneys for both sides reach a settlement. Others stay active for many decades.
After remaining active in courts for more than 25 years, the plaintiffs in the Johnson & Johnson mass tort litigation were set to receive $10 billion in the Baby Powder settlement.
However, on March 31, 2025, a bankruptcy judge rejected the $10 billion settlement offer to end over 60,000 cases claiming that Johnson & Johnson’s baby powder and other talcum products caused ovarian cancer. This was the third time the court had rejected Johnson & Johnson’s bankruptcy strategy. That demonstrates that mass tort lawsuits can persist for decades without resolution.
Key Phases of the Mass Tort Process
There are several stages of a mass tort litigation. Given the number of claimants involved and the severity of the injuries they suffer, it may take a considerable amount of time to build these lawsuits.
Here’s a detailed breakdown of the primary stages of mass tort litigation:
- Reviewing Evidence: To establish the strength of your lawsuit, your mass tort attorney will carefully examine various records, including your statement and injury claims. Your attorney will also discuss your entire medical history to uncover any relevant pre-existing medical conditions. You must tell your attorney everything to avoid surprises along the legal process for mass torts because the defense team will be working hard to prove they’re not responsible for your injuries. Disclosing all the relevant facts to your attorney helps them to be well-prepared to represent you–and everyone who is part of the mass tort litigation.
- Unearthing Consistencies: Mass tort attorneys must also unearth and uncover consistencies among their clients for a claim to qualify as a “mass tort.” In situations where claimants allege that a defective medical device or toxic drug caused their injuries, their attorney must find similarities among the plaintiffs to prove that the drug or product was the cause of their injuries. For example, in the Johnson & Johnson talc powder lawsuits, tens of thousands of claimants suffered mesothelioma and ovarian cancer. The more evidence and allegations, the stronger the case, with uniformities determining damages in a successful ruling.
- Filing Federal Lawsuits: Lawyers merge mass tort lawsuits by filing them together, streamlining the legal process for mass torts regardless of the plaintiffs’ locations throughout the country. The decision to file these cases in federal or state courts depends on the litigator’s evaluation, with most mass tort lawsuits being filed in federal courts.
- Multi-District Litigation (MDL) Formation: Typically, the lawyers representing individual plaintiffs who comprise the mass tort lawsuit file each lawsuit in the appropriate civil court. Once they file the lawsuits, they request the JPML (Judicial Panel on Multidistrict Litigation) to merge all the lawsuits into one MDL to streamline the legal process. For the purpose of efficiency, judges often consolidate mass tort cases into multidistrict litigation, where the same court handles all lawsuits.
- Discovery Process: Both sides in the MDL exchange evidence, depose experts and witnesses, and gather testimonies to facilitate future claims.
- Bellwether Trials or Test Trials: In the legal process for mass torts, test trials are sample jury trials that precede the main proceedings. These trials involve the most serious and similar lawsuits to assess potential outcomes. Bellwether trials often involve plaintiffs facing imminent death or those who have already passed away. They determine how juries and judges respond to arguments and the evidence presented. The outcomes of these trials are fundamental, setting the stage for other lawsuits; if the jury or judge rules in favor of the defendants, subsequent lawsuits may not proceed to trial. Thus, test trials are an integral component of the mass tort process.
- Settlement or Resolution: The last stage of a mass tort litigation is the settlement or resolution. Mass tort settlement timelines vary because some lawsuits are more complicated than others. It might take months, or even years, but most mass torts eventually settle. Mass tort lawsuits are less likely to go to trial. Often, a settlement is reached before these cases go to court. If the mass tort is merged into multi-district litigation (MDL), it’s common for most claimants or all to be awarded a settlement payout. This often happens before or after the sample jury trials. Claimants who reject the settlement offer may proceed to trial. The verdicts of test trials typically determine the amount of compensation the defendant offers. If the bellwether trials were in favor of the claimant, the settlement amount would be high.
Suppose you have suffered injuries because of a defective product, exposure to toxic substances, or a dangerous drug. In that case, you might not be the only person who developed injuries, and you may qualify to join a mass tort litigation. Contact an experienced mass tort attorney today to determine your legal options.
Factors That Affect the Length of a Mass Tort
Many factors affect the answer to the question, “How long to settle a mass tort?” Since mass torts are more complex than standard personal injury cases, they take longer to resolve.
Locating and interviewing key witnesses is one of the fundamental factors that determine the duration of mass tort lawsuits. Bringing together claimants who live in different states within the United States, as well as those abroad, can be a time-consuming process. Expert witnesses, including scientists, researchers, and economists, may also be difficult to locate when attorneys representing plaintiffs in these lawsuits need supportive testimony. Thus, investigating mass torts, such as the one involving Monsanto’s herbicide Roundup, can take years.
The factors mentioned above, as well as locating witnesses, add to the time it takes to build a strong mass tort lawsuit. Other steps, including the time it takes to file and process paperwork, also contribute to the duration of litigation in mass tort lawsuits.
During the discovery stage of the legal process, both parties share facts related to the lawsuit that will determine the outcome. Negotiations that may result in a settlement could take weeks to unfold. Additionally, motions that the defense team may file to delay court proceedings may also impact the answer to the question, “How long do mass tort lawsuits take?”
How Long Does It Take to Reach a Settlement?
The time it takes to settle a mass tort typically ranges from several months to years. However, this timeline can vary significantly. Some mass torts can be settled within a year, whereas others, especially those with complicated claims or numerous claimants, may take decades to resolve.
Factors influencing how long it takes to settle a mass tort lawsuit include:
- Complexities of the lawsuit: Mass tort lawsuits involving complex legal claims take too long to settle.
- Number of plaintiffs: More claimants often mean more individual assessments, discovery processes, and settlement negotiations, which can extend the time it takes to settle.
- Seriousness of injuries: Lawsuits with severe injuries might require more rigorous investigations and negotiations, potentially increasing the settlement time.
- Availability and amount of evidence.
- Legal and scientific complexities.
- The defendants’ response and desire to reach a settlement or pursue a verdict.
- The jurisdiction’s legal procedures.
Contact a skilled attorney as soon as possible to start the litigation process and avoid unnecessary delays in mass tort lawsuits.
Mass Tort vs. Class Action: Which Takes Longer?
When it comes to litigation proceedings, time is very crucial. As a plaintiff pursuing justice, you want your lawsuit to be resolved as efficiently and quickly as possible.
Class action suits usually involve a large group of plaintiffs with similar allegations against a common defendant. These allegations are merged into a single suit, fostering more efficient legal proceedings. In class action claims, the duration varies based on the specifics of the lawsuit, the number of claimants involved, and the defendant’s cooperation. Typically, the average duration of a class action lawsuit ranges from one to five years.
Conversely, mass tort claims involve a group of plaintiffs who a common defendant has injured. However, each lawsuit is treated as an individual entity. That means each plaintiff’s lawsuit is litigated independently and has its own timeline for resolution. The average duration of mass tort cases usually ranges from several weeks to several years or even decades. Factors such as the number of claimants, the specifics of the lawsuit, and the availability of evidence can all impact the duration of mass torts.
The timeline of a case depends on various factors, including the complexity of the legal matters involved, the court’s schedule, and the parties’ willingness to settle. Further, the specific circumstances of your lawsuit can also affect the duration of your case.
How Can AllConsumer Help
If you’ve been injured by a dangerous drug or a defective medical device made by a large pharmaceutical company, you may be unsure what to do. But odds are, many people are in the same boat as you, so lawsuits like these are often consolidated into mass tort litigation, where claimants can share evidence and other resources as they pursue damages against a common defendant.
Unfortunately, mass tort cases can take a long time to resolve. These lawsuits can take several years or even decades to litigate due to the increased complexity compared to class action suits. The longest-running mass tort lawsuit in American history, against asbestos manufacturers, remains active four decades later.
Although mass tort lawsuits take a long time to resolve, many plaintiffs eventually get justice by joining a mass tort litigation. If you’ve suffered injuries due to corporate negligence, contact a skilled mass tort attorney today to learn your legal options.
At AllConsumer.com, we partner with several personal injury attorneys who can help you determine if you qualify to join a mass tort lawsuit and pursue the compensation you deserve. Contact us today to learn how we can help you.
