The Warning Signs of Nursing Home Neglect

I was asked a question recently by a non-lawyer friend that needs an answer. He asked: “What exactly is a mass tort?” I realized that a definition was in order for non-lawyers. But it could also benefit lawyers who don’t handle mass torts litigation. So here it goes. A mass tort occurs when many individuals are harmed by the same act or omission, leading to claims against the same defendant or defendants. These cases will also involve multiple plaintiffs. The cases can be combined into a class action or can be in multidistrict litigation (MDL). Mass torts refer to the law governing large groups of claimants, while class actions are a process for handling these claims. Class members have little involvement and no decision-making power once they join the class. Lawyers are selected by trial judges to lead this type of litigation. Obviously, there is much more to it. We will explain in a little more detail. At the outset, there must have been some sort of wrongdoing by the defendant or defendants. Tort law allows victims to seek compensation for harm caused by negligence or wrongful acts. While some torts affect only a few people, mass torts impact many individuals. Sometimes there will be thousands affected by the same wrongful act or omission. So, let’s take a look at class actions and MDL cases. The following will give you a general understanding of the basic difference between a class action and an MDL. Class Actions: Plaintiffs are grouped into a single lawsuit with class representatives. There will be multiple class members. MDL: Similar cases are grouped together in one court, but they remain separate lawsuits. Each plaintiff must prove their individual case. However, many MDL cases are resolved as class actions. Mass Torts include single-site, single-events, and what is labeled a dispersed mass tort. Product defects can involve various types of pharmaceuticals, including drugs and medical devices. As stated above, mass tort cases are often resolved through an MDL, where cases are heard by one judge to streamline the process and avoid inconsistent verdicts. Committees of lawyers facilitate various processes for all cases in the MDL. Source: Forbes