What is a Mass Tort Lawsuit
A Mass Tort lawsuit involves many plaintiffs with similar claims suing one or a few defendants in state or federal court. These lawsuits arise when a group of plaintiffs have broad, varying injuries caused by the same or similar acts of harm. This is often the case with defective drugs, harmful consumer products, and problematic medical devices.
These lawsuits typically have a life span of 3 – 10 years. The type of case, the courts that are involved in the case, and much more can impact the overall length of these lawsuits. These cases are very complex, take years of work, and require large investments. We will carry that burden for you.
What is the Difference between Mass Tort and Class Action Lawsuits
In mass tort and class action lawsuits, a group of plaintiffs alleges harm caused by a common defendant. The difference between mass torts and class actions however, is in the way the Plaintiff is treated in each type of lawsuit.
In a mass tort case, each person is treated as an individual. This means that each plaintiff must prove certain, relevant facts, including how each person was injured by the defendant. This is beneficial to those who have suffered more or various injuries.
In a class action you’re treated as a “class” and all plaintiffs are tried under one case. This one case is called a class representative.
Mass tort claims are typically consolidated into a multi-district litigation (“MDL”) for litigation discovery before trial, but each case is not tried in a group like you see in a real class action. Instead, the cases are consolidated for discovery purposes, which significantly streamlines the process and reduces litigation costs. Following this, the cases are tried individually.
While there are benefits to both types of lawsuits, from a legal perspective, mass tort cases offer more of a benefit by providing the opportunity to apply more pressure against a company with thousands of individualized cases instead of one class action lawsuit.
How to Join a Mass Tort
If you have been injured by a consumer product, medical device, drug or something else, simply contact Wright & Schulte and we will reach back out to you as soon as we can. Case evaluations are free and will take approximately 10 minutes.
Why Should You Inquire About a Potential Mass Tort Claim
Inquiring about your potential claim is as easy as 1, 2, 3! If you have been effected but the medication, product, or device, you can fill out a short form or call for more information and potential next steps. Once we have determined you meet the qualifications for a potential mass tort claim, Wright & Schulte does the hard work for you so that you can receive financial compensation.