Mass torts occur when a single event, product or substance causes injury to large groups of people. They are often caused by the negligence of an individual or company that is more concerned about profits than the safety of the public. Common types of mass torts include drug claims, medical device claims and product claims, but some cases involve man-made disasters such as plane crashes or explosions at chemical plants. These cases can be quite complicated, and they require the expertise of mass torts attorneys.
HISTORY OF MASS TORTS
Mass torts began to appear in the 1980s, when mass marketing of drugs became popular and medical devices began to be subject to FDA review. Product liability laws gave these cases a platform, and the number of cases increased steadily over the next two decades. Recently, high-profile mass tort cases such as tobacco litigation have popularized this type of case even more, and today, there may be dozens or even hundreds of such cases going on at any given time.
HOW MASS TORTS DIFFER FROM OTHER TYPES OF PERSONAL INJURY CLAIMS
Mass torts are different from other kinds of civil cases. In most types of cases, there is a single plaintiff, a single defendant, and a single attorney for each of them. Mass tort cases, on the other hand, have three important distinctions from these types of lawsuits. First, they involve many different cases against a single company or product. Second, each of these cases involves similar types of complaints. Finally, every case in a mass tort law suit is dependent on the success or failure of every other case. Because of the complexity of mass torts lawsuits, they may require several mass torts attorneys, a large staff and a great deal of financial support.
MASS TORTS VS. CLASS ACTION SUITS
Contrary to popular belief, mass torts are also not the same thing as class action lawsuits. In a class action case, the injured parties are grouped together, and any award is shared between them. In order to be included in a class action suit, plaintiffs must have similar evidence, and their experience with the company must closely match the experience of the other parties in the suit. In contrast, mass tort litigation involves separate claims and separate court cases, and each person involved receives his or her own award.
ADVANTAGES OF MASS TORT LAWSUITS
Participating in a mass tort case has several advantages for the plaintiffs. Each plaintiff can benefit from the investigations conducted for the other plaintiffs, so court costs for each person may be much lower than they would be in an individual case. Unlike class action suits, the plaintiffs' injuries do not have to be identical to each other, which gives much more room for individual experiences. In addition, because the cases are separate, there is a chance of a much higher reward than there would be in a class action case.
CHALLENGES OF MASS TORTS
Mass tort cases present unique difficulties not present in any other type of case. For example, there are often conflicts of interest on the side of both the plaintiff and the defendant. An outcome that is beneficial for one party may take from or harm another party, even on the same side of the case. In addition, these cases can be very difficult to resolve. Establishing cause and effect is challenging, and lawyers and judges must make room for future claims that may occur.
The special demands of mass tort cases means that they must be handled by experienced mass torts attorneys. Lawyers that handle these cases must have the staff to support them, and they must have enough financial backing to see them through to the end. Our mass torts attorneys meet all of these criteria, so give us a call if you believe you are eligible to participate in a mass tort lawsuit.
Mass Torts
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