Quick answer: A mass tort is a group of individual lawsuits from many people harmed by the same product, drug or event, usually against the same company. Unlike a class action, each plaintiff keeps their own case and their own compensation. Federal mass torts are often coordinated in a multidistrict litigation (MDL).
Key takeaways
- A mass tort is many separate cases with common facts, not one shared case.
- Each plaintiff’s payout reflects their own injuries.
- Common triggers include dangerous drugs, medical devices and contamination.
- MDLs coordinate pretrial work in one federal court.
- Deadlines apply, so late claimants can lose their chance.
Mass tort meaning in plain English
Legal sources describe a mass tort as an act or omission that harms many people, such as a dangerous product or contamination. Mass torts are not single cases. They are groups of individual lawsuits that raise the same issues against the same defendants. A tort is simply a civil wrong that causes harm.
Mass tort vs class action
| Mass tort | Class action | |
|---|---|---|
| Structure | Many individual lawsuits | One lawsuit for a whole group |
| Plaintiffs | Each person is a named plaintiff | A class representative stands in for others |
| Compensation | Based on each person’s injuries | Usually a shared fund with set formulas |
| Best fit | Serious injuries that differ person to person | Similar, smaller losses across many people |
The two can overlap, and courts sometimes use mass tort class actions. To see how a class case works, read what a class action lawsuit is and how to start or join one.
What is an MDL?
Under 28 U.S.C. 1407, federal cases that share common questions of fact can be transferred to one district for coordinated or consolidated pretrial proceedings. The Judicial Panel on Multidistrict Litigation decides on the transfer and must send each case back to its original district at or before the end of pretrial proceedings, unless the case has already ended. An MDL is not a class action, and plaintiffs stay individual. Many settle through a negotiated program rather than returning for trial.
Examples of mass tort litigation
- Drug injury claims, such as the Suboxone lawsuit (see also can I still apply for the Suboxone lawsuit).
- Product injury claims, such as the hair relaxer cancer lawsuit.
- Contamination claims, such as the Camp Lejeune lawsuit.
Track what is open on our list of open class actions and mass torts.
How to join a mass tort
- Confirm the harm: keep medical records and proof of using the product or drug.
- Check the deadline: see the personal injury statute of limitations.
- Talk to a lawyer: most work on contingency. See the lawyer cost guide.
- Your case is filed: it is filed individually and may join an MDL.
Mass torts can run for years. See how long a lawsuit takes for context.
Frequently asked questions
What is the difference between a mass tort and an MDL?
A mass tort describes the situation, many people harmed the same way. An MDL is a federal process for coordinating those cases before trial.
Do mass tort plaintiffs get more than class members?
Not always, but payouts are tied to each person’s injuries, so serious cases can receive more than a flat class payment.
Can I join a mass tort on my own?
Usually you need a lawyer to file your individual case.
Does joining cost money?
Most lawyers charge a percentage of any recovery and nothing upfront. Case costs may be deducted, so ask for the terms in writing.
Is it too late to join?
It depends on your state’s deadline and any court cutoffs. Check promptly with a lawyer.
This article is general information, not legal advice. Speak with a licensed attorney about whether you qualify for a specific case.
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