What Is a Mass Tort?
A mass tort is many individual injury claims against the same defendant, usually over a drug, device, product or disaster.
A mass tort is a large group of individual lawsuits by people harmed by the same product, drug, medical device, or event, brought against the same defendant or defendants. Each person keeps their own case and is compensated based on their own injuries, even though the cases are often handled together.
Why it matters to you
Mass torts work very differently from consumer class actions. You are not included automatically, there is usually no public claim form to fill out, and you generally need your own lawyer who files a case on your behalf. If you see an ad about a drug or product injury, it is likely about a mass tort rather than a class settlement.
Mass tort versus class action
- ✓Membership: mass tort plaintiffs sign up individually; class members are included by definition
- ✓Compensation: mass tort awards reflect each person's injuries; class payouts are usually uniform or formula-based
- ✓Representation: each mass tort plaintiff has their own lawyer; class members are represented by class counsel
- ✓Typical subjects: mass torts involve injuries; class actions often involve financial or privacy harms
Mass torts in federal court are frequently consolidated into multidistrict litigation. Settlements, when they happen, are often global deals that set criteria and award ranges for different injury levels.
A simple example
A medical device is linked to complications. Many patients sue the manufacturer through their own lawyers. The federal cases are centralized before one judge, a few bellwether trials are held, and the manufacturer later agrees to a settlement program where each plaintiff's payout depends on their documented injuries.
Be careful with mass tort advertising. Ads asking whether you or a loved one took a certain drug are usually from law firms or lead-generation services gathering clients. They are not settlement administrators, and responding means sharing medical and personal information. Research the firm before you hand anything over, and never pay an upfront fee to be included.
Related terms
See class action vs mass tort for a fuller comparison, and statute of limitations, which matters a lot in injury cases.
SettleScout covers class settlements you can claim yourself. Browse what is open now on our settlements page.
Frequently Asked Questions
Do I need a lawyer for a mass tort?
Generally yes. Mass tort claims are individual lawsuits, so you typically need a lawyer to file and pursue your case.
Can I join a mass tort after it settles?
Usually not. Global settlements typically cover people who filed or registered claims by a certain date, and statutes of limitations still apply.
Are mass tort payouts bigger than class action payouts?
They can be, because they reflect individual injuries, but results vary widely and are never guaranteed. Lawyers' contingency fees also come out of each award.
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