Mass Torts
A mass tort is a legal action filed by many plaintiffs against a single defendant (or a few defendants). Most commonly, mass torts arise when a corporation’s negligence causes harm to consumers. Stein Law is currently evaluating claims for mass torts involving toxic baby formula, contaminated talcum powder, defective CPAP machines, and the medications Elmiron and Zantac.
A mass tort is a legal action related to an action or omission that causes harm to many people. The entire group of plaintiffs must have experienced similar harm related to a single act of negligence by the defendant.
Most commonly, the defendant in a mass tort is a corporation that caused harm to consumers through its negligence. Instead of thousands of separate lawsuits filed against the company, the claims are consolidated into a mass tort. Mass torts may arise from harm caused by:
- Defective medical devices
- Dangerous or contaminated medications (whether prescription or over-the counter)
- Defective products
- Toxic conditions (such as improperly dumping industrial waste)
- Events that cause large-scale injury (such as a plane crash)
Corporations have a duty to ensure their products are reasonably safe and protect consumers from potential harm. A corporation may fail in this duty by designing a product that is unsafe or failing to ensure it is manufactured in a way that’s safe and free from contamination. They may also fail to provide adequate warnings and instructions about how to use the product safely. When a corporation fails in its duty and causes harm to consumers through its action or inaction, it may be held legally liable and required to pay compensation to people who were harmed. In the unfortunate case that the corporation’s negligence leads to someone’s death, they may owe compensation to that person’s heirs.
In addition to more efficiently addressing the harm that was caused, mass torts may help level the playing field. A single individual often doesn’t have the resources (in terms of both time and money) to take on a large multinational corporation in court. However, when many consumers band together, their combined ability to bring a lawsuit is enhanced.
What mass torts is Stein Law currently handling?
Stein Law is currently involved in the following mass torts, though the list is not exhaustive.
- Toxic Baby Formula
- Philips CPAP & Sleep Apnea Machines
- 3M Earplugs
- Belviq
- Elmiron
- JUUL
- Talcum powder
- Zantac
- Paraquat
- Sunscreen
Our attorneys are watchful for news that may affect our clients. When an announcement is made that a corporation may have been negligent and caused harm to consumers, we investigate further to determine whether a mass tort may result. If you think you may have a claim in a mass tort not listed here, please contact us to discuss the situation.
How is a mass tort different from a class action lawsuit?
Class action lawsuits are similar to mass torts in some ways. Both involve a group of individuals taking on a corporation for the harm it caused to them. However, there’s an important difference between the two.
In a class action lawsuit, all the people who experienced harm are considered a single group by the court rather than individuals. One or a few plaintiffs act to represent the entire class of people who were injured. If the suit is successful and the defendant is ordered to pay damages, these will go into a single fund and will be evenly distributed to those who were harmed by the defendant’s negligence. Even people who didn’t participate directly in the class action lawsuit may be eligible to receive funds as long as they can show they were in the same class of people who experienced harm. Because of this, the amount of money each individual receives after a class action lawsuit tends to be small. In some cases, an individual may not even receive enough compensation to pay for medical expenses and other costs associated with the injury.
By contrast, in a mass tort, each plaintiff is considered an individual by the court. Although their attorneys work together to gather and present evidence in the case, they’re legally still considered separate plaintiffs. This means that each person will receive compensation according to the harm they experienced from the defendant’s negligence. The damages awarded are individualized rather than the same across the class. Therefore, a mass tort is more likely to provide enough funds to compensate for all of the costs you had to bear due to your injury.
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New Albany, IN 47150
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Content Reviewed by:
Nick Stein
Attorney
Testimonials
Stein Law is Committed to Representing You
Our attorneys have over 75 years of combined experience in guiding our clients through the legal process. We’re dedicated to representing you and your loved ones and are committed to holding corporations accountable for the harm they’ve caused.
We represent clients across southern Indiana and the surrounding region, including the Louisville metro area. Our attorneys will ensure you feel supported and comfortable, and our many years of experience equips us to deliver results.
We understand that most people may feel they don’t have the resources to pay for a lawyer, especially while they’ve been dealing with the effects of a serious injury. We never want a lack of finances to prevent someone from being able to seek justice. Because of this, you won’t have to pay any out-of-pocket costs during your legal action. Our fees are paid when you win compensation.
If you or a loved one was harmed by the negligence of a corporation, please
