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This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
When a business or other entity acts in a manner that harms a group of people, the victims of the negligent actions can bring a suit against the company. It is often easier for several parties to bring a single case against an entity so the victims can band together and pool their legal resources.
There are multiple ways to bring a case against a negligent entity, as victims can either form a class action lawsuit or a mass tort. These two lawsuit formats can provide similar outcomes, but these cases are handled differently, and it can be confusing to determine which one is in your best interests to file. Use this guide to learn the difference between the two.
What Is a Mass Tort Lawsuit?
A mass tort lawsuit is brought against an offending party that allegedly harmed a group of people through negligence. For example, if a company contaminates the groundwater around its headquarters, the residents who interact with that water could have adverse health side effects. Instead of each individual bringing a lawsuit against the organization, the affected parties could come together and file a mass tort suit.
Victims are treated as individuals in mass tort suits because they are affected in different ways and with varying levels of severity. Using the groundwater example again, one person might develop cancer due to toxic chemical exposure, while another person might struggle with fertility.
What Is a Class Action Lawsuit?
With a class action lawsuit, all of the victims have been impacted similarly. One person or party will be a representative plaintiff acting on behalf of an entire group, known as a class, of people. Four requirements must be met for a group of people to file a class action lawsuit:
- The group of people represented must be so large that it is impractical to add each individual party as a plaintiff in the case.
- Each member of the class action suit must have similar complaints.
- Each claim has to share common questions of the law. This means that each plaintiff is using the same chapter of the law to bring a complaint against the defending party.
- The plaintiff who represents the entire class must act in the best interest of the whole group. They need the expertise, resources, and skills to effectively move the case forward.
For example, if a company exposed its customer data to hackers due to poor cybersecurity practices, each customer could face the same risks of identity theft. One representative might speak on behalf of all who are involved.
These requirements are meant to protect the group of people who are filing a class action suit, while also ensuring the defendant has a fair case brought against it. Ensuring the complaints are similar and following the same questions of the law will make it easier for the court to issue a ruling.
Mass Tort vs. Class Action Settlements: How Much Can You Win?
One of the main differences between mass tort cases and class action lawsuits is the settlement amounts. Settlements in mass torts are distributed based on the individual plaintiffs. If one plaintiff presented higher medical bills than another or experienced significant emotional distress, the court might issue them a larger settlement than other plaintiffs in the case. This makes it difficult to estimate the average mass tort settlement amount.
With class action lawsuits, a settlement amount is reached and then distributed evenly across all of the plaintiffs. For example, if a court issued a negligent party to pay $1 million in damages across 200 plaintiffs, then each plaintiff would receive $5,000.
How Do The Roles of Plaintiffs Differ in Class Action vs. Mass Tort Lawsuits?
Plaintiffs have more control over a suit in a mass tort case. This is because they are treated like individuals rather than part of a group that is represented by a single plaintiff. In a mass tort case, plaintiffs can discuss how the negligent party harmed them specifically and present their individual financial and emotional losses. This can potentially help them receive a higher settlement. With a class action lawsuit, plaintiffs might give testimony to the court, but they don’t receive different amounts of money based on their specific situations.
Mass Tort Case Examples
Mass torts can fall into one of many categories. There are a few common scenarios that unfortunately lead to mass tort lawsuits against negligent parties. Here are a few types of mass torts you might have heard of or encountered:
- Defective products: These torts are against companies who sold products that consumers thought were safe, but actually contained harmful chemicals and materials.
- Major accidents: These torts occur with plane crashes or accidents related to cruise ships or trains. The negligent party is usually the company responsible for maintaining the form of transportation that crashed.
- Environmental contamination: These cases are against companies that hurt the environment around them or create harmful products that affect humans in the area.
- Harmful medications: These torts are against pharmaceutical companies that prescribe medication without thoroughly understanding or revealing the complications that could occur when taking it.
In each of these examples, the negligent party is believed to have put profits over the protection of its customers. The mass tort seeks to prove that the defendant either knew what they were doing was wrong or didn’t act in the best interest of customers.
Notable Mass Tort Cases
One of the best ways to understand mass tort cases is to look at real-life examples. Here are a few current cases that plaintiffs are bringing against negligent parties.
- Camp Lejeune: From 1953 to 1987 service members and civilians living on base at Camp Lejeune were exposed to toxic water. Drinking and bathing in this water was linked to a variety of illnesses including cancer, infertility, and birth defects. The mass tort against the military seeks compensation for its negligent actions.
- Roundup weed killer: Bayer, the maker of Roundup, is currently facing mass torts by people who developed medical conditions after using its weed killer. The company claimed the herbicide was safe but actually used chemicals that are linked to a variety of cancers.
- Talcum powder: Countless mothers used talcum powder to prevent diaper rash for their babies. However, the powder contained asbestos, which is linked to the development of certain cancers. There are still mass torts against companies that sold this powder.
Class Action Case Examples
You can also look at examples of class action lawsuits to better understand these cases. Here are a few notable suits that have been covered by the media:
- Juul: This is a class action lawsuit against a vape maker. The plaintiffs claim they would not have used the products if they were told how addictive they are or the potential side effects that came with using them.
- Bard hernia mesh: The plaintiffs in this class and action lawsuit claim the hernia mesh their doctors used was defective, leading to several unwanted health complications. The plaintiffs claim the product manufacturer was negligent in the mesh development.
- Opioids: These class action lawsuits against pharmaceutical manufacturers claim the defendants knew how addictive these painkillers were but never disclosed that to patients.
- Paraquat: Plaintiffs claim this herbicide caused the development of their Parkinson’s disease and other medical conditions.
In these cases, due to the large number of people affected, plaintiffs believe that class action cases are the best option. This is because it will allow the cases to move forward, and those harmed can receive their settlements more quickly.
Deciding Between a Mass Tort or Class Action Lawsuit
Knowing the difference between a mass tort and a class action lawsuit can help you decide on the right case to file. It can be difficult to learn the differences between the two and choose the best one. While mass tort cases can be complicated, they also give plaintiffs more power and flexibility. If you are considering filing a mass tort, talk to legal experts who specialize in these claims. They can help you create a path to move forward.