Mass tort refers to hundreds or even thousands of claimants who allege injuries arising from exposure to the same product or event. It is similar to a class action, but differs in the way that compensation is based on individuals' injury conditions.
The way mass tort works is different from other types of litigation. Plaintiffs do not have to pay any fees unless their lawyers help win the case. Contingency fees will incur then.
Nearly 50% of lawsuits in federal court are mass tort lawsuits. Thus, we strive to inform people that they may have opportunities to earn compensation for the injuries they have experienced.
Being aware of your rights and seeking legal help means much more than just getting compensated. The joint actions taken by people will have profound implications in regulating the commercial behaviors of large companies.
Frequently Asked Questions
What is Mass Tort?
A mass tort refers to a legal action in which a large number of individuals have suffered similar injuries or damages caused by the same product, event, or action. It is a civil lawsuit filed by multiple plaintiffs against one or more defendants, typically corporations or organizations responsible for the harm.
Mass tort cases arise in various contexts, such as pharmaceutical drugs, defective medical devices, environmental disasters, product liability, workplace injuries, and consumer protection issues. Examples of well-known mass tort cases include asbestos litigation, tobacco litigation, and the Volkswagen emissions scandal.
Unlike a class-action lawsuit where a group of individuals collectively sues as a single representative, mass torts involve individual lawsuits that are typically consolidated or coordinated for pretrial proceedings. Each plaintiff retains their own attorney and retains control over their own claim. However, the consolidation allows for efficiency in handling common issues, such as evidence gathering, expert witnesses, and legal arguments, which can be shared among the plaintiffs.
Mass tort litigation provides an avenue for individuals who have suffered similar injuries or damages to seek compensation and hold the responsible parties accountable. It also allows for the consolidation of resources, expertise, and evidence to improve efficiency and ensure fair outcomes for all parties involved.
How does it relate to me?
As an individual, your relationship to a mass tort case would depend on whether you have been directly affected by the specific product, event, or action that led to the mass tort litigation. If you have suffered injuries or damages due to the alleged misconduct or negligence of a defendant involved in a mass tort, you may potentially have a claim and could be a part of the mass tort proceedings.
If you believe that you have been harmed by a product or event that is the subject of a mass tort, it is advisable to consult with a qualified attorney who specializes in mass tort litigation. They can assess your situation, determine if you have a valid claim, and guide you through the legal process.
However, if you have not been directly affected by a mass tort case, your relationship to it would be more of a general awareness or interest in the subject matter. Mass torts often receive significant media coverage due to their scale and impact, and staying informed about them can help you understand the potential risks associated with certain products, industries, or actions, as well as the legal implications and outcomes of such cases.
How much do I need to pay for a mass tort lawsuit?
The cost of participating in a mass tort lawsuit can vary depending on various factors, including the complexity of the case, the number of plaintiffs involved, the duration of the litigation process, and the fees charged by the attorneys representing the plaintiffs.
In most mass tort cases, attorneys typically work on a contingency fee basis. This means that they do not charge upfront fees but instead receive a percentage of any settlement or verdict obtained on behalf of the plaintiffs. Contingency fees are typically based on a predetermined percentage, which can range from 25% to 40% or more of the total recovery. The specific percentage may vary depending on the jurisdiction and the agreement between the attorney and the client.
In addition to attorney fees, there may be other costs associated with a mass tort lawsuit, such as filing fees, court costs, expert witness fees, document retrieval fees, and other expenses related to building the case. These costs are usually covered by the law firm handling the case, and they are typically deducted from the settlement or verdict obtained.
It's important to discuss the fee structure and any potential costs with your attorney before proceeding with a mass tort lawsuit. They can provide you with a clear understanding of the financial aspects involved and any potential obligations you may have in the event of a successful outcome.
What are some examples of mass tort lawsuits where plaintiffs won/got compensated?
1. Tobacco Litigation: In the late 1990s, a series of lawsuits were filed against major tobacco companies by individuals and state governments. These cases alleged that tobacco companies misled the public about the dangers of smoking, resulting in numerous health issues and deaths. As a result, several settlements were reached, with significant financial compensation and changes in industry practices.
2. Volkswagen Emissions Scandal: In 2015, it was revealed that Volkswagen had installed software in their vehicles to manipulate emission tests, resulting in higher levels of pollutants being emitted. This led to numerous lawsuits, including a mass tort case, where affected consumers sought compensation for the diminished value of their vehicles. Volkswagen eventually settled the case for billions of dollars.
3. Johnson & Johnson Talcum Powder Lawsuits: Johnson & Johnson faced multiple lawsuits alleging that their talcum powder products, specifically those containing asbestos, increased the risk of ovarian cancer and mesothelioma. In several cases, juries awarded substantial damages to the plaintiffs, holding the company accountable for failing to warn consumers adequately about the potential risks associated with their products.
4. Roundup Weedkiller Lawsuits: Bayer, the manufacturer of Roundup weedkiller, faced thousands of lawsuits alleging that the active ingredient glyphosate in the product contributed to the development of cancer, particularly non-Hodgkin's lymphoma. In some cases, juries ruled in favor of the plaintiffs and awarded significant compensation, although the litigation is ongoing. As of 2020, Bayer agreed to pay $10.9 billion to settle nearly 100,000 lawsuits in the US.
5. Camp Lejeune Water Contamination: The Camp Lejeune water contamination case involves a United States Marine Corps base in North Carolina. For several decades, the drinking water at the base was contaminated with toxic chemicals. Individuals stationed at Camp Lejeune and their families filed lawsuits against the U.S. government for health problems resulting from the contaminated water. These cases resulted in victories for the plaintiffs, and legislation was passed to provide healthcare benefits and compensation to affected individuals and their families. In 2023, Bloomberg News reported that the Congressional Budget Office has estimated that the Camp Lejeune claims will cost “$6.1 billion over the next ten years.”