A tort is a civil wrong. Mass tort on the other hand affects a larger number of people and in most cases a specific section of society. “Mass torts” is an incredibly broad term that includes many disparate substantive areas–everything from an airplane accident that injures many individuals at once, to asbestos claims involving alleged exposure and injury over the course of many decades.[1]
There are various factors that goes into mass tort litigation: like the
- Difference in jurisdiction,
- Class of people so affected in different jurisdiction,
- Conflicting laws in each jurisdiction; federal and state,
- The amount of compensation that needs to be paid for the victims,
- Cases depend on if there are either class action lawsuit or multi-district litigation, to name a few.
Therefore, a mass tort is an act that hurts and injures numerous people. “Some examples of this kind of activity include explosions, commercial plane crashes, groundwater contamination due to toxic waste disposal, or noxious pollution emanating from industrial factories. Mass tort actions are not single cases, but rather groupings of individual lawsuits alleging the same issues against the same defendant(s) and as such, they frequently involve multidistrict litigation. These actions are used to seek remedies in situations where a class cannot be certified or there exists some benefit over filing a class action lawsuit. This type of tort can also give rise to mass tort class action lawsuits, where a complaint from a class representative, a person representing a class of injured individuals, is heard in one suit by federal courts under Rule 23 of the Federal Rules of Civil Procedure, so long as the involved parties establish minimal diversity.”[2]
The best way to explain the legal term, “tort” as lucidly as possible is that it is an act that infringes another person’s basic right. As such the party who breaches the right has a civil liability to pay or damages and the person so suffered can make claims for the same. Nevertheless, in a mass tort allegation, it is a litigation that entails several plaintiffs claiming analogous injuries as opposed to the same corporation or 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. To proceed as a class action Rule 23 requires that the district court make the following findings: (1) the number of class members renders it impracticable to join them in the action, (2) the class members’ claims share common questions of law or fact, (3) the claims or defenses of the proposed class representatives are typical of those for the rest of the class, and (4) the proposed class representatives will adequately protect the interests of the entire class.”[3]
There are common mass torts cases, below listed are to name a few. You can read more on case analysis on different mass tort cases that we at Layman Litigation have covered that includes, sexual abuse cases, medical product defects, to name a few. You can find them under the category of Mass Tort Archives – Layman Litigation
“Defective Medical Torts
When a medical device is discovered to be defective in a way that causes injury or harm, a mass tort lawsuit can and does result, with all injured parties having the option to participate. Major cases seen in recent years include defective hip replacements and transvaginal mesh.
Defective Product Torts
This type of mass tort addresses any situation where multiple consumers bought a defective product that caused an injury. Common examples include defective airbags (e.g. the Takata products) or children’s toys that fall apart easily and present a choking hazard. Defective product torts cover one of the widest ranges of potential situations and lawsuits.
Pharmaceutical Torts
Pharmaceutical companies have been known to distribute medications that cause unintended but highly dangerous side effects. When a particular drug injures and even kills several people who ingested it, a mass pharmaceutical tort lawsuit may result.
Toxic Torts
Toxic tort lawsuits result when groups of people are exposed to dangerous toxins or chemicals. Common examples include exposure to asbestos or mold, illness caused by lead paint chips, soil or groundwater contamination by chemical waste, and air contamination by dangerous gases.”[4]
If you have any inquiries about mass tort, you are free to contact an attorney @LaymanLitigation. At Layman Litigation we carry out several mass torts claims for clients around the United States. The same is also carried out with due diligence. The particular area of law requires a lot of patience, time and knowledge. At Layman Litigation we value our clients and are willing to provide you the same dedication. We guide each of our clients through the entire process.
[1] Mass Torts in the United States (americanbar.org) [2] Mass Tort | Wex | US Law | LII / Legal Information Institute (cornell.edu) [3] https://www.malloy-law.com/ [4] Mass Tort Law: 4 Common Causes of Mass Tort Lawsuits (sharpfirm.com)
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