Lawsuit Information Center
Much of this blog is dedicated to giving you news on significant court cases that take place throughout the country. These cases are not your typical Judge Judy, small claims type deals. They are pretty important.
Typically, big personal injury cases usually manifest themselves in class actions, Multi-district Litigation, and/or mass torts. Although these types of litigation have a lot in common, they are truly nuanced, meaning it takes an experienced attorney to fully comprehend how they work.
But of course, it helps to have a basic understanding in the first place. Here is a little bit about how a mass tort works.
- Hot mass tort lawsuits in 2025
Mass Torts – The Basics
You cannot go around defining “mass tort” without defining “tort.” The law school definition of a tort is a “civil wrong,” committed by one person against another that results in injury. The most common tort that we as personal injury attorneys deal with is negligence.
However, torts also include assault, battery, intentional infliction of emotional distress, trespass, and many more. In most tort cases, there is one plaintiff suing one defendant. For example, in a trespass case, the property owner would sue the trespasser. The same is true of car accident cases where you have the injured victim suing the negligent driver. Of course, the insurance company is usually brought in as a defendant, too.
Mass torts occur when multiple plaintiffs sustain an injury from the same tort committed by one or more defendants. Common mass tort claims involve lawsuits against manufacturers of consumer products or pharmaceuticals. In these scenarios, one product or one drug can harm multiple people. Mass torts allow these victims to consolidate their cases for efficiency and consistency.
A group of plaintiffs cannot just come together and form a mass tort on their own. However, they must obtain permission from a court. The court considers the number of plaintiffs, the geographical location of the plaintiffs, the similarities of their injuries, and how closely associated the individual claims are.
If a court believes that these factors (among others) are satisfied, it will proceed with ordering a mass tort action and publish notice of the action, allowing other interested parties to join.
Mass Torts Have Advantages and Disadvantages
A mass tort is advantageous for both plaintiffs and defendants. Discovery, investigation, use of expert witnesses, and general pretrial preparation are transferable between the plaintiffs so it cuts down on the efforts that have to be expended by both sides.
Mass torts level the playing field for plaintiffs who might otherwise be daunted by the prospect of taking on large corporations or entities alone. By pooling resources, individuals gain strength in numbers, sharing the costs of litigation and increasing their chances of securing a favorable outcome.
Plus, this gives the plaintiffs’ attorneys a better opportunity to share common information that will help maximize the values of individual cases.
There Are Drawbacks, Too
Despite these benefits, mass torts are not without their drawbacks. A significant concern is that individual plaintiffs may feel lost in the crowd, as their specific circumstances may not receive the attention they deserve. This can result in settlements that fail to adequately address the unique damages suffered by each plaintiff.
Additionally, mass torts can be incredibly complex and lengthy, requiring extensive coordination and negotiation, which can drain resources and prolong the legal process. There’s also the risk of lower settlement amounts per individual, as the total compensation must be divided among potentially thousands of plaintiffs.
Moreover, the effectiveness of mass torts in achieving justice is sometimes questioned. Critics argue that while they efficiently process a large volume of cases, they may not always result in meaningful accountability for defendants, who may view settlements as merely the cost of doing business rather than a deterrent against future wrongdoing.
What About a Class Action?
People often assume that a “class action” encompasses every instance where plaintiffs join together to take on a common defendant. While class actions and mass torts are certainly similar, mass torts are more individualized than class actions. In a class action, all the various plaintiffs join together for one claim against the defendant.
A class action is a single lawsuit with multiple individuals listed on the left side of the “v.” When a class action goes to trial or settles, there is a single trial or judgment for each of the plaintiffs. Mass torts only consolidate proceedings for activities that take place prior to the trial. That means plaintiffs who join together in a mass tort still retain the ability to have their own trial and individualized judgment or settlement.
Keep in mind that the statute of limitations may be different from the statute of limitations in cases that are consolidated.
- The “other” class action: an MDL
This is one way I have described the difference:
A good way to tell these two apart is to think about this situation: your 20-year-old son, your 80-year-old aunt, and your 2-year-old nephew each purchase a bottle of soda. Let’s say the soda is tainted and causes each of you to contract pneumonia (all the more reason to drink water). Pneumonia will affect each family member differently, so each should be entitled to a recovery against the soda company that aligns with the severity of their injury. That’s where a mass tort comes in. On the other hand, let’s say each family member bought a soda, and a year later the company was found to be guilty of price-fixing, meaning each of your family members paid $1 more than they should have for the soda. Each of their injuries is the same here ($1 loss), so a class action is the way to go.
Here are some examples of mass torts I have covered in previous posts:
Common Types of Mass Torts
Mass torts arise when a large group of individuals suffer similar harm due to the same dangerous product, toxic exposure, or corporate conduct. These cases are usually consolidated to promote judicial efficiency and to balance the power disparity between large corporations and injured individuals. While the specific details vary, most mass torts fall into a few major categories:
Prescription Drugs
These mass torts center on medications that cause unanticipated, serious side effects or long-term harm, often despite being FDA-approved. Plaintiffs typically argue that manufacturers failed to adequately test the drug, misrepresented its risks, or failed to provide appropriate warnings.
Recent Example: The litigation involving Tepezza, a drug approved to treat thyroid eye disease, is gaining momentum. Hundreds of plaintiffs allege the drug causes permanent hearing loss, a side effect that was not initially disclosed. The lawsuits assert that the manufacturer downplayed or failed to warn of this risk, leading to irreversible injuries for users who had no way to gauge the danger.
Product Liability
This category encompasses hazardous or defective consumer products that cause widespread injury or property damage. The defect can be in the design, manufacturing, or the failure to provide adequate instructions or warnings.
Recent Example: The Philips CPAP and BiPAP recall triggered widespread litigation after users of these sleep apnea machines were exposed to degraded foam particles and potentially toxic gases. Many have alleged long-term respiratory injuries and an increased risk of cancer. The recall affected millions of devices globally and led to multidistrict litigation in federal court.
Toxic Exposure
Toxic tort cases occur when individuals are harmed by exposure to hazardous substances such as chemicals, pesticides, or industrial waste. These often involve prolonged exposure and complex medical causation.
Recent Example: AFFF firefighting foam litigation is a current example involving chemicals known as PFAS or “forever chemicals.” Firefighters and residents near military bases and airports allege that long-term exposure to PFAS through firefighting foam and contaminated water supplies has led to cancer, thyroid disease, and other health issues. These lawsuits are consolidated in one of the largest environmental MDLs currently active.
Defective Medical Devices
When a medical device causes widespread injury due to a defect in design, manufacturing, or labeling, the resulting lawsuits often turn into mass torts. These cases are frequently complicated by regulatory clearances that allowed the devices to bypass extensive premarket testing.
Recent Example: The Paragard IUD litigation is drawing national attention. Plaintiffs claim that the copper intrauterine device can fracture upon removal, leaving pieces embedded in the uterus and requiring surgery. Many women report unexpected complications, including infertility, organ damage, and chronic pain. The manufacturer is accused of failing to properly warn about the risk of device breakage.
Mass Tort FAQs
Below are answers to some of the most frequently asked questions about mass torts.
What Does "Mass Tort" Mean?
Mass tort refers to a group of civil lawsuits involving large numbers of plaintiffs who all suffered similar injuries related to a single product or event (e.g., asbestos lawsuits).
What is an Example of a Mass Tort?
Well-known examples of mass torts include: (a) the asbestos lawsuits, (b) tobacco litigation, (b) Camp Lejeune water contamination, and the Vioxx litigation. These are mass torts because they involve situations in which hundreds or thousands of plaintiffs suffered the same injuries from a single product or event.
Is a Mass Tort a Class Action?
Mass torts are civil cases in which large groups of plaintiffs suffered similar injuries from a single product or event (e.g., asbestos). Mass torts can be brought in the form of either a class action or an MDL (multidistrict litigation).