Many people are confused when they hear the term “mass tort litigation.” They wonder about similarities and differences to class action lawsuits, how much they can get in a claim, and how long it takes for a mass tort case to reach a resolution. We get it. Mass torts often receive significant media attention, and misunderstandings are common.
The team at CPY Law wants to look at a few common misconceptions about mass torts and help provide accurate, straightforward information. By setting the record straight, we hope that you feel empowered to speak with a lawyer about a product-related injury or other harm you’ve experienced.
If you have additional questions about mass torts, we want to hear them. To request a free, no-obligation consultation, contact our Kansas City law firm today.
Key Takeaways:
- Some common misconceptions about mass torts include: a mass tort is the same as a class action, you cannot sue a company if they received FDA approval for their product, and that mass torts reach quick resolutions.
- You should not assume that your case automatically has value just because thousands of others are suing the company for the same product. Your injuries and the supporting evidence of those injuries will determine if you have a case and how much it is worth.
- If you file a mass tort claim, that does not necessarily mean you will have to go to trial. Many mass tort cases resolve outside of court through a pre-trial settlement.
- The amount you receive for your mass tort claim can differ from what another plaintiff may receive. Compensation is based on individual circumstances such as the severity of your injuries, any future medical needs, loss of earning capacity or income, and your pain and suffering.
“Mass torts and class action lawsuits are the same thing.”
No, mass torts and class actions are different. Both kinds of claims bundle multiple plaintiffs against a single defendant to coordinate discovery and investigation, but that’s where the similarities end.
Class actions treat the entire group as a single entity with one shared payout. Mass torts consider each individual as its own separate claim with their own individual payout.
Read our previous blog post on the difference between mass torts and class action lawsuits to learn more.
“If thousands of people filed lawsuits, my case must automatically have value.”
Not necessarily. Every mass tort claim depends on its own medical evidence, diagnosis, product use, and damages.
Simply using a product involved in mass tort litigation does not automatically create a legal claim. It also doesn’t mean you’ll get compensation.
“The FDA approved the product, so the manufacturer cannot be sued.”
FDA approval is an important part of the regulatory process, but it does not automatically shield manufacturers from liability.
Depending on the facts, plaintiffs may allege that manufacturers:
- Failed to provide adequate warnings
- Withheld important safety information
- Failed to conduct appropriate testing
- Otherwise acted negligently
The legal issues vary significantly depending on the product, the applicable law, and the specific allegations involved.
“Everyone receives the same settlement in a mass tort.”
No.
One of the defining characteristics of mass tort litigation is that compensation is generally based on the individual plaintiff’s circumstances. Factors that may affect the value of an individual claim include:
- The nature and severity of the injury
- The duration of treatment
- Whether surgery was required
- Permanent disability or impairment
- Future medical needs
- Lost income
- Pain and suffering
- Other damages recognized under applicable law
Two people injured by the same product may experience dramatically different outcomes based on the individual facts of their respective cases.
“Mass tort cases are quick.”
Unfortunately, mass tort cases are often not quick.
Complex litigation involving pharmaceutical companies, medical device manufacturers, or large corporations requires extensive investigation and expert analysis.
Although every client understandably hopes for a prompt resolution, thorough preparation often takes time. Careful investigation and thoughtful case development frequently provide the strongest foundation for a successful outcome.
“If I file a mass tort, it means I’ll have to go to trial.”
No, that’s not necessarily the case. Many mass tort cases are resolved outside of trial through negotiated settlement.
That said, some cases may proceed to trial. This is particularly true of bellwether cases, which help guide settlement discussions for other cases in mass tort litigation.
What Clients Can Expect During a Mass Tort Case
Now that we’ve covered some misconceptions, let’s look at what usually happens during mass tort litigation. While every case is different, most mass tort claims follow a similar progression.
Initial Investigation
The investigation process involves a careful review of a client’s injuries, their use of the dangerous product, their medical records, and the long-term effects of their injuries. Attorneys may collect medical records, lab results, pharmaceutical records, and other documents to determine if a client has a case.
Filing the Lawsuit
If a client’s claim appears viable, a lawsuit is filed in the appropriate state or federal court. Depending on the situation, the case may become part of coordinated proceedings such as multidistrict litigation (MDL).
Read our previous blog post about multidistrict litigation and how it works to learn more.
Discovery
Discovery is when attorneys exchange information, obtain key documents, conduct depositions, and work with experts in medicine, science, engineering, and regulations.
This is the longest phase of mass tort litigation. In some cases, discovery can take years to complete. While frustrating, this is simply a reflection of how complex these cases can be.
Ongoing Communication
As the litigation progresses, clients can expect periodic updates from their lawyers regarding any developments in their respective cases. Clients can also reach out to their attorney with any concerns as they arise.
While there may be no public developments in a case, rest assured that your lawyer will be reviewing documents, interviewing experts and witnesses, and arguing legal motions.
Resolution
Mass torts usually conclude through a settlement, individual trials, or dismissal.
- Settlement: Many mass torts settle rather than going to trial. How much you receive in a settlement will depend on the individual details of your case, including the severity of your injuries, future health impact, and loss of income.
- Individual Trials: Your case could proceed to trial if parties cannot agree on liability, causation, or appropriate compensation. If your case does go to trial, a jury will hear the evidence and determine whether the plaintiff has proven the claims asserted against the defendant.
- Dismissal: Courts could dismiss a case if it does not satisfy legal requirements. Ideally, an attorney will properly screen a case at the outset to avoid this frustrating outcome.
How the Attorneys at CPY Law Can Help with Mass Tort Litigation
At CPY Law, we give every client individualized representation for their case. It doesn’t matter if you come to us with a mass tort or a car crash claim. We will give you clear communication, honest guidance, and careful consideration of what you experienced and how your injuries will affect your future.
Our approach to mass tort litigation focuses on your unique medical history, goals, and concerns. We will be mindful of what you’re going through while remaining actively engaged in the broader litigation.
You Pay Nothing Unless and Until We Win
Our law firm works on a contingency fee basis. Here’s what that means for you:
- There are no upfront costs or legal fees that clients have to pay.
- Clients only pay their attorney if the lawyer secures a settlement or wins in court.
- If the client wins, the attorney receives a percentage of the award as payment at the end of the case.
- If the lawyer does not win, the client does not pay.
When you hire CPY Law, we invest in your case because your success is our success. That’s our way of doing what’s best for the people of Missouri.
Contact CPY Law Today for a Free Case Review
Let us handle the legal fight while you focus on healing. To request a free consultation to discuss your injuries and potential mass tort litigation, contact our Kansas City law firm today. CPY Law is here to restore balance for you.
