Indianapolis Mass Tort Attorneys

A mass tort is similar to a class action in that it allows a group of people to file a consolidated lawsuit against a single entity. Unlike a class action lawsuit, however, mass torts do not result in a single settlement or verdict which then must be split amongst all participating parties; instead, a successful mass tort allows each participating plaintiff to receive a personalized settlement or verdict specific to their situation. This makes mass torts practical in situations in which multiple people are uniquely harmed by a singular cause.

For example, a defective medical device is likely to cause varying degrees of injury in different individuals who receive the device. While one patient may experience relatively mild complications, another could face life-threatening bodily injury or even death due to the same defective device. The damages suffered by these patients—such as medical expenses, lost wages, and pain and suffering—will differ depending on the degree of injury suffered. Mass tort litigation allows victims and surviving family members to seek compensation that is specific to their damages.

There are several advantages to filing a mass tort compared to engaging in single-plaintiff litigation or participating in a class action lawsuit. Mass tort litigation allows for the consolidation of multiple individual lawsuits against a single defendant, which reduces the overall number of cases moving through the legal system. Additionally, information regarding a single case, including claim investigation and preparation, can be used to support another. This often translates to a more expedited and streamlined process.

When compared to class actions, mass torts offer the advantage of personalized recoveries. A successful class action lawsuit results in a single settlement or verdict that is split amongst all participating parties, meaning the more plaintiffs who take part in the class action, the lower each individual plaintiff’s recovery. A mass tort, on the other hand, allows each participating party to seek personalized compensation based on the specific damages they have suffered.

To have a mass tort, or grounds to participate in a mass tort, you must be one of multiple affected parties. In other words, if you were the sole injured party, you do not have a mass tort. Instead, you may file a single-plaintiff personal injury or wrongful death claim. Additionally, all affected parties must have claims against a single entity, such as a negligent corporate entity or manufacturer.

Most mass torts involve the following:

• Defective consumer products, such as auto defects
• Pharmaceutical claims, such as defective drugs or medical devices
• Medical/professional malpractice, such as hospital negligence
• Environmental torts, such as toxic exposure or groundwater contamination

Note that while many mass torts involve bodily injury or death, mass tort litigation may also solely involve monetary harm. For example, an environmental tort involving an oil spill that results in widespread damage to coastlines, thereby negatively affecting nearby businesses, could serve as grounds for mass tort litigation.

Typically, the court will grant permission to file a mass tort action when:

• Multiple plaintiffs are seeking to sue a single party (known as a “tortfeasor”)
• The plaintiffs have suffered similar but different injuries and/or damages
• The plaintiffs’ individual claims relate to a sole cause or negligent/wrongful act

The court will weigh these and other factors—such as the relation of the plaintiffs’ various locations—when determining whether to grant the attorneys’ request(s) to file a mass tort.