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Understanding Mass Torts and Class Action Lawsuits

Scott Wm Weinstein

There is confusion in the general public regarding the difference between a mass tort and a class action lawsuit. Clients often ask if their case is going to be handled as a class action, sometimes because they don't think they want their case to be handled as a class action. Injury claims, such as those due to defective medical devices or dangerous drugs, are not handled as class actions. They are handled on an individual, case by case basis. However, for certain proceedings it will be combined with other cases and handled in one court. This is called a mass tort lawsuit. Class actions are usually consumer cases for small damages that have affected a large number of people, such as inappropriate billing by a cell phone company. Individual injury claims are always handled individually, though they may be consolidated into a mass tort.

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