Most people go through life never expecting to become part of a lawsuit. But when a large company sells a defective product, a dangerous medication, or causes widespread harm, ordinary people can find themselves at the center of major national litigation. That is where mass torts come in.
A mass tort is a civil action brought by a large number of individuals — often hundreds or thousands — who have suffered similar harm from the same product, drug, or event. Unlike a class action lawsuit, where all plaintiffs are treated as a single group, mass torts allow each person to be treated as an individual with their own set of facts and damages.
How Is a Mass Tort Different from a Class Action?
In a class action, all plaintiffs are grouped together and share a single recovery. In a mass tort, each plaintiff maintains their own claim. This distinction matters because injuries in mass torts can vary considerably from person to person. One patient may have experienced a mild side effect from a dangerous medication, while another suffered permanent injury. A mass tort allows the legal system to account for those individual differences.
Both mass torts and class actions can result in Multi-District Litigation (MDL) proceedings, where cases are consolidated before a single federal judge for pretrial purposes. This approach reduces the burden on the court system while still allowing individual cases to proceed toward resolution.
What Types of Cases Commonly Lead to Mass Torts?
Mass torts often arise from:
Dangerous or defective pharmaceutical drugs — When a medication is found to cause serious, undisclosed side effects, patients across the country may bring claims against the manufacturer. The FDA may issue warnings or require new labeling as investigations unfold.
Defective medical devices — hip replacements, surgical implants, and other devices — have been the subject of mass tort litigation when design or manufacturing defects lead to injury or device failure.
Environmental contamination — Communities exposed to toxic substances in their water supply, soil, or air may bring coordinated legal action against the entities responsible.
Utility-caused disasters — Wildfires ignited by negligently maintained power lines, or explosions caused by deteriorating utility infrastructure, can result in mass tort proceedings involving thousands of affected residents and businesses.
What Should You Do if You Think You May Have a Claim?
If you believe you have been harmed by a product, medication, or event that may be the subject of ongoing litigation, the most important step is to consult with an attorney as early as possible. Evidence can be lost, and statutes of limitations — the legal deadlines for filing a claim — vary depending on the type of case and the state where the harm occurred.
At Kershaw Talley Barlow, our attorneys have decades of experience handling complex mass tort and class action cases on behalf of individuals across California and the United States. We have served as court-appointed lead counsel in major coordinated proceedings and recovered over $1 billion for our clients. Contact our team at (916) 520-6639 to get started.
To learn more about our current mass tort investigations, visit: https://www.ktblegal.com/mass-torts/
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