Why Choose Simmons & Fletcher for Your Mass Tort Lawsuit?
At Simmons and Fletcher, each one of our attorneys has the knowledge, skill, and dedication to handle your case with care and conviction. We’ve been supporting the Houston community since 1979.
If you need support in filing your claim as part of a mass tort lawsuit, our team of personal injury attorneys is happy to offer a free initial consultation. Just call (713) 932-0777 for a no-strings-attached case review with one of our knowledgeable lawyers. If you decide to work with us and we’re able to take on your case, we’ll charge you no fees or attorney expenses unless we make a recovery for you.
What Is a Mass Tort?
A mass tort is a type of lawsuit wherein many people are harmed or injured by the same defective product, act or lack of disclosure. In these cases, many individual victims can pursue claims against the same defendants after injuries that happened in similar circumstances. Injury victims can then seek to recover monetary compensation or other financial relief from people whose negligence or wrongful acts led to their injuries. These cases may be combined into a class action or multidistrict litigation, depending on the details of the suit.
For example, imagine that hundreds of people living in a town got sick due to a local factory polluting their source of drinking water. Or, perhaps an automobile part was recalled after its defective performance led to vehicle fires or accidents. In both of these cases, mass tort lawsuits may be filed by any and all victims of the responsible parties.
How Does a Mass Tort Lawsuit Differ From a Class Action?
Mass tort and class action lawsuits have some similar elements, but they’re two different types of claims that could result in vastly different outcomes. So what are the differences between mass tort and class action lawsuits? In mass tort cases, for starters, each individual plaintiff (the injury victim or victims) has their own individual claim. In a class action lawsuit, however, all plaintiffs must file their claims collectively.
As a result of how claims are handled in mass tort vs. class action suits, plaintiffs in mass tort claims recover a higher amount of compensation on average. Since they file their suits independently, they’re also able to exchange information with each other and speed up the legal process.
What Are Common Types of Mass Tort Cases?
A number of incidents and accidents can result in mass tort cases. One of the most common types of mass tort cases involves defective products, e.g., toys with choking hazards or toxic paint, motor vehicles with design flaws, or food products that cause illness or death. Other mass tort lawsuits may involve companies that cause environmental damage—such as polluting water sources—and medical lawsuits involving harmful pharmaceuticals or medical devices.
Some famous and impactful mass tort examples include Amchem Products, Inc. v. Windsor, which held asbestos manufacturers responsible for negligence, and Lindsey v. Dow Corning Corp, which saw claims from individuals who’d received harmful silicone gel breast implants.
What Are the Benefits of Filing a Mass Tort Case?
If you’ve been harmed by something or someone that’s also caused injury to many other people, you may be able to file a mass tort case—and there are many reasons why doing so can serve your best interests. When you schedule your free initial consultation with our mass tort attorneys, they’ll most likely recommend whether pursuing an individual claim or combining your claim with others is the best legal option for you—however, here are some of the benefits of combining your claim with other individuals in a mass tort case:
- All relevant arguments are ensured to apply to every case
- A variety of negative effects and impacts across victims, making a stronger case for compensation
- A better chance to recover fair compensation in your claim
- A quicker and more streamlined legal process
- The opportunity to prevent future cases of negligence and injury
What Should I Do if I’ve Been Injured by a Defective Product or Dangerous Drug?
If you’ve been injured by a defective product or dangerous drug, it’s imperative that you seek medical attention immediately—your physical safety and well-being are our top priority. After you’ve been treated by a healthcare professional, follow these steps to take after a defective product injury:
- Retain all copies of your medical appointments, including records and bills
- Gather any potential evidence in your accident (e.g., hold on to defective products, take photos of the accident injuries and scene, etc.)
- Collect the contact information of any witnesses to your incident
- Schedule a free consultation with a Houston personal injury lawyer who handles mass tort cases
- Allow your attorney to support you by investigating your accident, gathering evidence, interviewing relevant experts, and identifying liable parties
- Have your attorney negotiate with the defendant’s legal representation and insurance companies on your behalf to reach a fair settlement
- If a fair settlement can’t be reached, take your case to trial with the help of your Houston mass tort attorney
What Is Multidistrict Litigation (MDL) in Mass Tort Cases?
Multidistrict litigation (MDL) streamlines mass tort cases across different jurisdictions by allowing plaintiffs to file their own individual civil lawsuits across various judicial districts across the company. This way, injured parties across the country can file their claims as part of the same mass tort lawsuit. The courts then consolidate the cases and bring them to one district court so that the suit can be managed during the pretrial MDL process.
In some cases, the legal parties representing the plaintiffs and defendants will be able to reach a settlement without proceeding to trial. If a fair settlement can’t be reached through negotiation, the cases return to their original courts for trial. There, a handful of cases are tried first in order to see how judges and juries may rule on similar cases—these are called Bellwether trials.
Depending on how judges and juries react to these initial trials, the remaining plaintiffs and their attorneys can decide whether or not they’d like to negotiate a pre-trial settlement.
FAQ's
How long does it take to settle a mass tort case?
Every mass tort case is different, so it’s difficult to say precisely how long it takes to settle a mass tort case. However, due to the widespread injury and the complexities of these cases, they often drag on for years, some even decades. When minors are involved, the statute of limitations can be their 20th birthday.
What are the four major kinds of mass torts?
The four major types of mass torts are product liability, pharmaceuticals, environmental hazards, and consumer fraud:
- Product liability mass tort cases typically involve defective products that cause harm to a large number of consumers.
- Pharmaceutical mass tort cases typically involve injuries done to multiple people by medications or medical devices.
- Environmental mass tort cases typically involve injuries caused by exposure to toxic substances, chemicals, or pollutants.
- Consumer fraud mass tort cases typically involves individuals who have been harmed by deceptive or fraudulent business practices.
What is the difference between a tort and a mass tort?
A tort is a legal term used to describe any wrongful or harmful act that creates civil liability. A mass tort, on the other hand, is a case that involves a large group of people who have been similarly affected by an act of negligence. In a mass tort, all victims have suffered injuries due to the same source, and all of their claims will be filed against the same defendant.
How does mass tort payout work?
If a mass tort settles, the payout after a mass tort case typically follows whatever schedule or payout “grid” is decided in the settlement negotiation. Whatever funds are named in the settlement will be divided among claimants through a structured distribution plan that’s laid out and approved by the court. Each plaintiff may receive a different amount based on their specific injuries and losses, including the estimated value of medical expenses, lost income, mental anguish, and punitive damages.
What Can Mass Torts and Class Action Lawsuits Achieve?
Mass torts and class action lawsuits can achieve several important goals. They allow individuals who have been harmed by corporate negligence to pursue compensation for their losses and not be prohibited by the cost of bringing the claim alone. This can result in multi-million dollar settlements like the Xarelto settlement. These types of lawsuits can also serve as an effective deterrent against future corporate negligence. Finally, mass torts and class actions can help ensure that companies are held accountable for their actions and are compelled to act in a responsible and ethical manner.
