A mass tort claim is a lawsuit that involves multiple plaintiffs alleging similar injuries against the same entity. Unlike class action lawsuits that divide a settlement evenly between all plaintiffs, mass torts allow each plaintiff to seek compensation for their individual injuries. Typically involving dangerous products or harmful business practices, many acts of negligence can cause mass tort litigation to arise.
Dangerous and defective products are some of the most common subjects of mass tort claims. Manufacturers have a responsibility to ensure that their products are safe and provide adequate information to their consumers, and if they fail to do so on a large scale, these injured consumers can hold these entities responsible.
Mass torts generally occur when a company causes injury or damage to numerous individuals through an identical act of harm. For example, a company might produce a prescription drug, a medical device, or a defective product that causes physical injuries or economic harm to thousands of individuals all over the world.
The Benefits of Mass Tort Cases: A primary benefit of mass tort litigation is economy of scale. Lawsuits are costly, and civil wrongs can go uncompensated when individuals can't afford to prosecute their claims against big corporations alone. In civil litigation, plaintiffs have the burden of proving that the defendant's wrongful conduct caused their injuries (causation) and that their injuries are real (damages).
Because plaintiffs have the burden of proof, the costs of proving these cases can be significant. Mass tort plaintiffs in class actions and multi-district litigation benefit from shared research (called "discovery") that their lawyers use to prove that the defendants' wrongful conduct caused their injuries. Highly qualified experts testify in these cases to prove (or refute) the defendants' culpability and the extent of the plaintiffs' damages. The expert witness fees alone could bankrupt anyone who's not independently wealthy. Mass torts provide economy of scale because the costs associated with proving causation are borne by all plaintiffs, as opposed to each plaintiff having to individually prove his or her case.
Manufacturing defects: These claims allege that the product suffered a defect during the manufacturing process that made it dangerous to use
Design defects: These claims state the defect is present in the product design and the product is inherently dangerous
Failure to provide adequate warnings or instructions: This type of claim states that the manufacturer failed to inform customers of hazards it should have, leading to their injuries
Exposure to Toxic Substances: Mass toxic torts are a specific type of mass tort claim that involves injury or illness due to chemical or toxin exposure. People can suffer this exposure in many ways; for example, someone may come into contact with a dangerous chemical at work, inadvertently breathe in toxic mold or asbestos at home, or develop complications due to toxins in pharmaceutical drugs. Dangerous and defective products may also expose plaintiffs to these substances.
Large-Scale Catastrophes: Man-made disasters, such as fires within a multi-household complex or an explosion at a manufacturing plant, can injure dozens or even hundreds of people. Each victim may suffer different injuries, but the same entity is typically the cause of the disaster. In these cases, victims can form a mass tort to secure compensation for their individual needs without filing separate, time-consuming claims.
Defective Drugs and Medical Devices: Within the product liability category, dangerous and defective drugs and medical devices contribute to a significant amount of mass tort claims. Drugs may cause unintended, dangerous side effects the manufacturer failed to warn consumers or physicians about, and medical devices may contain defects that affect their purpose and cause harm to the patient. The manufacturers of these products are typically liable for their defects.
Natural Disasters: Similar to large-scale catastrophes, this type of mass tort claim involves natural disasters such as hurricanes or tornadoes that cause significant damages and injuries. These claims can be complex, since no entity is directly responsible for the disaster. However, insurance companies who fail to pay out claims following natural disasters can be held accountable through a mass tort lawsuit.
Review records – We examine statements from claimants and their medical records to identify the device or drug and injuries.
Injury consistency – We check for similarity of injuries among those harmed by drugs or devices as evidence for the claim and categorize the cases to understand any shared characteristics.
Federal court filing – Individual cases are consolidated to speed up processing and information gathering.
Bellwether trials – A small group of lawsuits, chosen from a larger group of similar cases, are tried first. The results can determine the potential outcomes of future cases
Settlement – This occurs when both parties enter negotiations to settle the claims, and any proposed agreements are presented to claimants to decide whether they will accept them or proceed to a trial
+91 6385 661 550
admin@hglegalservices.com