What is a Mass Tort?

You may be wondering: “What is a mass tort?” These cases are unique legal actions that allow a large group of people, all harmed by the same product or action, to pursue compensation from a single or group of defendants. Each person involved has a distinct claim in cases involving defective products, dangerous drugs, or environmental hazards, as their injuries and damages may vary. However, these claims are grouped together because they arise from a similar source of harm, like a toxic chemical or a faulty medical device.

This litigation serves a critical purpose by leveling the playing field between injured individuals and powerful corporations. Taking on a major corporation alone can be challenging due to the resources required to investigate, litigate, and prove these complex cases. Still, individuals can combine their efforts in a mass tort, allowing for shared resources and coordinated legal strategies. At Dyer, Garofalo, Mann & Schultz, we are dedicated to helping clients through this consolidated approach, ensuring each plaintiff’s unique experience is acknowledged and compensated fairly, rather than imposing a “one-size-fits-all” solution.

What is a Mass Tort Lawsuit?

A mass tort lawsuit is a specific type of civil case that aggregates individual claims under one larger legal action. In contrast to a class action—where a few plaintiffs represent the entire group—each individual in a mass tort lawsuit maintains their own case. This allows them to seek individualized compensation tailored to their specific injuries. Nonetheless, because each case is similar, common issues—like the cause of the injury or the liability of the defendant—can be handled together, making the legal process more efficient.

These lawsuits are ideal for cases where a single product or event has caused widespread harm, but the extent and nature of the injuries may vary from person to person. For example, in a mass tort involving a dangerous drug, some plaintiffs may have suffered minor side effects, while others may have experienced severe health consequences or even death. By consolidating them, courts can streamline proceedings and allow plaintiffs to benefit from collective evidence, expert testimony, and resources.

For those interested in learning more about mass tort lawsuits, Cornell Law provides an excellent overview of the legal framework and how these cases operate within the judicial system.

How Can I Join a Mass Tort Lawsuit?

If you’ve been affected by a defective product, dangerous drug, or environmental hazard, joining a mass tort lawsuit may be a viable option. The first step in joining is to consult with an experienced attorney who specializes in the topic. At your consultation, they will review your case to determine if your situation aligns with the requirements of an existing mass tort lawsuit. Factors that typically determine eligibility include the type of harm suffered, the evidence linking your injury to the product or event, and whether there are other similar claims against the same defendant.

Joining these lawsuits involves several steps. First, your lawyer will collect the necessary evidence to support your case. This can include medical records, product purchase history, documentation of any side effects or health problems, and witness statements. The stronger your documentation, the better the chance of building a compelling case. Your attorney will then file the appropriate paperwork to add your claim to the mass tort, joining it with other similar cases.

Unlike traditional litigations, where each case is handled separately, these allow plaintiffs to share specific legal resources and evidence. This collaborative approach can streamline your claim and strengthen the overall case against the defendant, but it also requires careful preparation to certify your unique damages are represented.

For a deeper understanding of this process, the American Bar Association offers insights into the complexities and benefits of joining a mass tort case.

Common Mass Tort Cases

Mass tort cases typically arise from situations where a large number of people suffer harm from a general source. Here are some of the most prevalent types of cases:

Defective Drugs
Prescription and over-the-counter drugs are intended to treat health issues, but sometimes, they come with unforeseen side effects or risks. Dangerous drugs like Zantac, which was found to contain cancer-causing chemicals, and certain opioid medications linked to addiction and overdose have led to high-profile mass tort cases. Drug companies are held accountable through these lawsuits, as they are responsible for verifying their products are safe before they reach the market.
Defective Medical Devices
Medical devices such as surgical mesh, hip replacements, and pacemakers are supposed to improve patients’ quality of life. But, when a device is poorly designed, defectively manufactured, or inadequately tested, it can lead to serious health complications or even death. Mass tort litigation gives those harmed by faulty medical devices a chance to seek compensation for their injuries and hold manufacturers accountable for negligent practices.
Toxic Exposure
Cases of environmental contamination or toxic exposure usually affect entire communities, as harmful chemicals or pollutants spread through air, water, or soil. One well-known example is asbestos exposure, which has led to numerous cases of mesothelioma, a rare but deadly cancer. Toxic exposure cases also include groundwater contamination from industrial pollutants or exposure to hazardous chemicals in the workplace. This kind of lawsuit enables those affected to join forces and hold corporations accountable for negligence and environmental harm.
Unsafe Consumer Products
From children’s toys to home appliances, defective consumer products can lead to injuries and fatalities. These cases involve faulty designs, manufacturing errors, or inadequate safety warnings. For instance, vehicles with faulty airbags or children’s toys with choking hazards have led to significant mass tort cases. These claims are essential for guaranteeing product safety standards are met and that companies prioritize consumer well-being over profits.

Individuals harmed by these products or exposures can come together to seek justice through mass tort litigation. These cases don’t just provide compensation for victims—they also serve as a powerful deterrent, pushing companies to prioritize safety and prevent future harm.

How is the Mass Tort Lifecycle?

The lifecycle involves multiple stages, each designed to build a strong case and protect plaintiffs’ rights. Understanding the stages of a mass tort case can help plaintiffs know what to expect and make informed decisions throughout the process.

Case Investigation and Client Intake
The first step is an in-depth investigation. Attorneys gather information about the defective product or action and contact potential clients to document their specific injuries. This intake process involves collecting medical records, obtaining witness statements, and identifying evidence that links each client’s injury to the defendant’s product or negligence.
Filing and Consolidation
Once enough plaintiffs with similar claims have been identified, attorneys file lawsuits that are then consolidated for efficiency. In many cases, mass torts are organized as Multi-District Litigation (MDL), where cases from different jurisdictions are transferred to a single federal court. Consolidation allows the court to handle everyday pretrial matters, such as evidence gathering and legal arguments, in one location.
Discovery and Pretrial Proceedings
Discovery is a critical stage where both sides gather and exchange evidence. This phase may include obtaining internal documents from the defendant, deposing experts, and reviewing scientific studies. The pretrial proceedings can be lengthy as both sides build their cases with comprehensive evidence. In this phase, plaintiffs have access to the information needed to prove their claims, allowing the defense to assess the strength of the case.
Bellwether Trials
They involve selecting a few representative cases from the mass tort to go to trial first, which are essentially “test cases” that help both sides understand how juries may respond to the evidence and arguments presented. The outcomes generally influence settlement negotiations as they preview potential verdicts in other cases. If the bellwether plaintiffs succeed, it can motivate the defendant to settle with the remaining individuals.
Settlement or Trial
After bellwether trials, mass tort cases often reach a settlement. Settlements allow plaintiffs to receive compensation without enduring the time, expense, and unpredictability of a trial. However, if the defendant does not offer a fair settlement, individual cases may proceed to trial. Each plaintiff’s unique damages will be considered in these trials, allowing for tailored compensation based on specific injuries and losses.
Disbursement of Compensation
Once a settlement or trial verdict is reached, compensation is disbursed to each individual based on the severity of their injuries and other factors. Unlike class actions, where all members receive an equal share, mass tort plaintiffs are awarded individual compensation reflective of their specific damages, including medical bills, lost wages, and pain and suffering.

Speak with an Ohio Mass Tort Lawyer Today

Were you harmed by a defective product, dangerous drug, or toxic exposure? Dyer, Garofalo, Mann & Schultz is here to help Ohio residents pursue the compensation they deserve. Call us at1.937.222.2222 or visit us to schedule a free consultation and let our experienced attorneys fight for your rights.

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.