Meet Our Mass Tort Litigation Attorneys

Mass tort litigation is a complex but important area of law that allows multiple plaintiffs who have suffered similar harm from the same defendant to seek justice. Mass torts can help to ensure that victims have a fair opportunity to recover damages for their injuries while holding corporations and entities accountable for widespread harm.

Unlike individual lawsuits, which involve a single plaintiff and defendant, or class actions, where a large group of plaintiffs is treated as a single entity, mass tort cases allow each plaintiff to maintain their individual claim while benefiting from shared legal resources. 

Here is a breakdown of the key differences between lawsuit types:

• Individual Lawsuits: These involve a single plaintiff suing a defendant for personal damages.
• Class Actions: A single lawsuit represents an entire group of affected individuals with uniform injuries.
• Mass Torts: Multiple lawsuits filed separately but consolidated to share evidence and legal strategies.

The legal framework governing mass torts relies on principles of negligence, strict liability, and product liability. Plaintiffs must prove that the defendant's actions or products directly caused their injuries. Due to the widespread nature of mass tort cases, they often involve extensive litigation, requiring coordination between attorneys, expert witnesses, and court systems to manage large volumes of claims efficiently.

Historically, mass tort litigation has played a significant role in shaping consumer protection laws and corporate responsibility. Cases such as those involving asbestos exposure, the opioid epidemic, and tobacco litigation have not only resulted in compensation for victims but have also led to significant regulatory changes and industry reforms. These cases highlight the importance of mass torts in addressing large-scale harm and ensuring that those responsible are held accountable.

Mass torts typically arise when defective products, dangerous drugs, environmental hazards, or large-scale accidents cause harm to many individuals. These cases are often consolidated into multidistrict litigation (MDL) to streamline pretrial proceedings while preserving individual plaintiffs’ rights.

Mass tort cases encompass a broad range of legal disputes, each arising from different forms of corporate negligence or misconduct. These cases are categorized based on the nature of the harm and the industry involved.

Defective Medical Devices

Defective medical devices have been at the center of numerous mass tort lawsuits. Products such as hernia mesh implants, metal-on-metal hip replacements, and faulty pacemakers have caused severe complications, including organ damage, chronic pain, and additional surgeries. Manufacturers have been accused of failing to conduct adequate safety testing or withholding information about potential risks, leading to thousands of legal claims.

Dangerous Pharmaceuticals

The pharmaceutical industry has seen many mass tort cases due to drugs that cause severe side effects or long-term health risks. Lawsuits involving opioids, Zantac, talcum powder, and other medications have exposed instances of corporate misconduct, where companies allegedly failed to disclose risks or manipulated clinical trial results. These cases highlight the dangers of inadequate regulation and the devastating impact of unsafe drugs on public health.

Toxic Exposure

Mass tort cases related to toxic exposure involve individuals who have suffered health complications due to prolonged contact with hazardous substances. Asbestos exposure has led to thousands of mesothelioma cases, while the water contamination at Camp Lejeune has affected military personnel and their families. Victims in these cases often develop severe illnesses, including cancer and respiratory diseases, due to corporate negligence or government inaction.

Defective Consumer Products

Consumer products ranging from household appliances to personal care items have been the subject of mass tort litigation. Recent cases include lawsuits against hair relaxer manufacturers linked to cancer risks and baby formula lawsuits involving contaminated products that caused severe illnesses in infants. These cases demonstrate the critical role of product safety regulations and corporate accountability in protecting consumers.

Environmental Disasters

Oil spills, toxic waste leaks, and other environmental disasters often result in mass tort litigation as affected communities seek compensation for health problems, property damage, and economic losses. Cases such as the BP Deepwater Horizon spill and the Flint water crisis have underscored the lasting impact of environmental negligence and the importance of legal action in holding responsible parties accountable.

The legal process for mass tort cases is intricate and involves multiple stages, beginning with the filing of a claim and progressing through discovery, litigation, and potential settlement or verdict. A critical component of mass tort litigation is multidistrict litigation (MDL), a process that consolidates similar cases under one federal court to streamline pretrial proceedings while preserving the individual nature of each claim.

Steps for Filing a Claim to Settlement or Verdict

• Case Evaluation & Evidence Collection – Along with the lead counsel, the plaintiffs gather medical records and proof of harm.
• Filing a Lawsuit – Individual cases are consolidated under MDL.
• Discovery & Expert Testimony – Lawyers collect evidence and present expert analysis.
• Settlement Negotiations or Trial – Companies may offer settlements; cases may go to court.
• Distribution of Compensation – Plaintiffs receive payments based on individual damages.

Statute of Limitations

Each state has specific deadlines for filing mass tort claims. Failing to file within the designated period may result in loss of compensation. An experienced attorney at Morgan & Morgan can help to ensure that you file your claim correctly and on time.

Gathering Evidence and Proving Causation

Key evidence for proving your case includes medical records, product defect reports, corporate documents, and expert testimonies to establish liability and damages. When you hire Morgan & Morgan, our legal team of experts can assist with gathering all critical evidence.

Determining eligibility for a mass tort claim depends on several factors, including the nature of the injury, the product or exposure involved, and the extent of harm suffered. Unlike class actions, where plaintiffs share a single verdict or settlement, mass tort plaintiffs maintain individual claims, which can lead to varied compensation outcomes.

Jurisdiction also plays a key role in these cases, with some lawsuits filed in state courts while others fall under federal jurisdiction, depending on the specifics of the claims and the entities involved. 

If you suspect you have been harmed by a defective product, dangerous drug, or environmental exposure, contact Morgan & Morgan right away for a free case evaluation to determine your eligibility.

Hiring one of our mass tort trial lawyers is easy, and you can get started in minutes with a free, no-obligation case evaluation. Our helpful legal team will hear your story and advise you on your best next steps.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our mass tort lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

After your initial consultation, your case team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

Morgan & Morgan’s mass tort lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

At Morgan & Morgan, our team of experienced mass tort attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We fight to hold corporations accountable when their negligence harms consumers. If you've been injured by a dangerous drug, defective product, or toxic exposure, you don’t have to face it alone. Contact Morgan & Morgan today for a free case evaluation to explore your legal options.

Compensation in mass tort cases typically includes both economic and non-economic damages. 

Economic Damages

• Medical expenses
• Lost wages due to missed work
• Rehabilitation costs

Non-economic Damages 

• Pain and suffering
• Emotional distress
• Loss of quality of life

Settlement amounts vary widely based on factors such as the severity of injuries, the strength of evidence, and the financial capacity of the defendant. 

Settlement Distribution

In many cases, compensation is distributed among plaintiffs based on the degree of harm suffered, ensuring that those most affected receive appropriate restitution.

Despite the potential for substantial compensation, mass tort litigation presents numerous challenges. Corporations often employ aggressive defense strategies to limit liability, including:

• Denying liability
• Disputing causation
• Asserting pre-existing conditions
• Challenging the credibility of expert witnesses
• Prolonging legal proceedings to pressure plaintiffs into lower settlements

The complexity of proving negligence and establishing a direct link between the defendant's actions and the plaintiffs' injuries can further complicate these cases.

Additionally, mass tort litigation can take years to resolve, requiring patience and persistence from plaintiffs and their legal teams. The financial burden of long legal battles often forces corporations to settle, but plaintiffs must be prepared for extended timelines.

Choosing the right attorney for a mass tort lawsuit is an important step in ensuring you receive the legal representation needed to secure fair compensation. Since mass tort cases are complex, involving multiple plaintiffs and extensive litigation against powerful corporations, selecting an attorney with the right experience, resources, and dedication is essential. Here’s what you should consider when making your choice.

Experience in Mass Tort Litigation

Mass tort lawsuits require a deep understanding of the legal framework governing these cases, as well as experience handling large-scale litigation. An attorney or law firm with a history of successfully managing mass tort claims will have the expertise to navigate intricate legal procedures, including multidistrict litigation (MDL), negotiations with corporate defendants, and trial representation when necessary.

Look for a firm with a proven track record in mass tort cases related to your specific issue, whether it involves defective medical devices, dangerous pharmaceuticals, toxic exposure, or consumer product liability. An experienced attorney will understand the nuances of these cases, including how to establish causation, gather crucial evidence, and work with expert witnesses.

Resources and Legal Team Strength

Mass tort cases often involve going up against large corporations with substantial legal teams and financial resources. To counter these formidable opponents, your attorney should have access to a well-equipped legal team, including investigators, medical experts, and scientific specialists who can strengthen your case.

Firms with significant financial resources are also better positioned to sustain long legal battles, which can last years. Since mass tort cases are typically handled on a contingency fee basis—meaning the attorney only gets paid if you win—choosing a firm with the financial stability to support your case throughout its duration is vital.

Success Record and Settlements

While past success does not guarantee future results, a firm’s history of securing favorable settlements and verdicts in mass tort cases can indicate their ability to fight for maximum compensation. Research the firm's previous settlements and trial outcomes in cases similar to yours. Some firms specialize in quick settlements that may not fully compensate plaintiffs, while others are willing to take cases to trial to achieve the best possible outcome.

Personalized Attention and Communication

Unlike class actions, mass tort cases allow plaintiffs to maintain their individual claims. Therefore, your attorney should be committed to providing personalized attention to your case rather than treating it as part of a broad legal strategy. Choose a firm that offers clear communication, regular updates, and accessibility to address your concerns throughout the legal process.

During an initial consultation, pay attention to how the attorney communicates. Are they attentive and willing to explain the process in detail? Do they answer your questions thoroughly? A good attorney should ensure you fully understand your rights, the legal strategy, and what to expect at each stage of your case.

Reputation and Client Reviews

A firm’s reputation within the legal community and among former clients can provide valuable insights into their reliability and effectiveness. Look for online reviews, testimonials, and ratings on legal directories such as Martindale-Hubbell, Avvo, or the Better Business Bureau. If a firm has numerous satisfied clients who praise their professionalism and success, it’s a positive sign.

Additionally, check whether the firm has faced any disciplinary actions or complaints from previous clients. This can help you avoid attorneys with unethical practices or a history of mishandling cases.

Free Consultations and Contingency Fees

Reputable mass tort law firms typically offer free consultations to evaluate your case and determine whether you qualify for a claim. They also work on a contingency fee basis, meaning you won’t pay legal fees unless they win or secure a settlement on your behalf. Be wary of firms that demand upfront payments or have unclear fee structures.

Choosing Morgan & Morgan for Your Mass Tort Case

Morgan & Morgan has a long-standing history of fighting for victims in mass tort cases, with a team of experienced attorneys, vast resources, and a commitment to securing justice. As the largest personal injury law firm in America, our firm handles mass tort litigation on a contingency basis, ensuring that clients can pursue claims without financial risk. That’s right—the Fee Is Free®, and you only pay if we win.

If you believe you have been harmed by a defective product, dangerous drug, or corporate negligence, contact Morgan & Morgan today for a free case evaluation.

Beyond financial compensation, mass tort litigation serves a broader role in consumer protection. These cases drive policy changes, encourage regulatory reforms, and promote corporate accountability, leading to safer products and practices that benefit the public. Notable mass tort cases have influenced legislative action and prompted industries to adopt higher safety standards, ultimately improving consumer welfare.

Mass tort litigation can take years to resolve, requiring patience and persistence from plaintiffs and their legal teams. The financial burden of long legal battles often forces corporations to settle, but plaintiffs must be prepared for extended timelines.

No. Morgan & Morgan handles mass tort cases on a contingency fee basis. You only pay if we win your case or get you a settlement. You pay nothing upfront or out-of-pocket.

Yes. A lawsuit can provide additional compensation beyond what insurance covers. 

Insurance companies can also often persuade victims to settle with lowball offers that are inadequate to cover the true damages and effects of an accident. A lawsuit can address these additional damages and provide you with the means necessary to move forward with your life.

To support your mass tort claim, you will need strong evidence that establishes a direct link between the defendant’s actions or product and your injuries. The key types of evidence include:

Medical Records

• Diagnosis of injuries or illnesses related to the defective product, drug, or exposure.
• Doctor’s notes linking your condition to the alleged harm.
• Treatment history, prescriptions, and medical bills.

Product or Exposure Evidence

• Proof that you used the defective product, took the dangerous drug, or were exposed to toxic substances (receipts, prescriptions, or employment records).
• Documentation of the time period and extent of exposure.

Personal Testimony and Witness Statements

• Your own account of how the injury occurred and the impact on your life.
• Statements from family, friends, or coworkers who can confirm your suffering.

Expert Testimony

• Medical professionals who can verify the cause of your condition.
• Scientific experts linking the product or exposure to similar injuries.
• Industry specialists proving negligence or corporate misconduct.

Corporate Documents and Internal Reports

• Evidence from investigations, whistleblowers, or lawsuits showing the company knew about risks.
• Internal emails, memos, or reports revealing negligence or failure to warn consumers.

Regulatory Findings and Recall Notices

• FDA warnings, recalls, or lawsuits related to the product or drug.
• Environmental Protection Agency (EPA) reports for toxic exposure cases.

Financial and Employment Records

• Lost wages and employment records if the injury affected your ability to work.
• Any related expenses, such as transportation to medical appointments or home modifications.

Having comprehensive documentation strengthens your case and increases your chances of receiving fair compensation. A mass tort attorney can help gather and present the necessary evidence effectively.

If the company responsible for your injury declares bankruptcy, you may still have options to seek compensation, but the process will be different. Here’s what typically happens:

Bankruptcy Filing & Automatic Stay

When a company files for bankruptcy, an automatic stay is put in place, temporarily halting all lawsuits and claims against them. This means ongoing mass tort cases may be paused while the bankruptcy court sorts out the company’s debts and liabilities.

Reorganization vs. Liquidation

The type of bankruptcy the company files will impact your claim:

• Chapter 11 (Reorganization): The company restructures its debts and may set up a victim compensation trust fund to pay out claims.
• Chapter 7 (Liquidation): The company sells off assets to pay creditors. If no specific fund is created, claimants may receive only a portion of their entitled compensation.

Victim Compensation Trust Funds

In some cases, especially with mass tort claims (such as asbestos-related lawsuits), courts require the bankrupt company to set aside money in a trust fund for victims. If this happens, you can file a claim against the fund instead of suing the company directly.

Claims Prioritization

Bankruptcy courts prioritize payments:

• Secured creditors (like banks) get paid first.
• Unsecured creditors (including injury victims) may receive a portion of what they’re owed, often through a settlement agreement.

Third-Party Liability

If the bankrupt company is unable to fully compensate you, you may be able to pursue claims against:

• Parent companies or subsidiaries that may still be financially stable.
• Insurers that provided liability coverage.
• Other responsible parties, such as manufacturers or distributors involved in the harm.

Legal Guidance

Navigating claims against a bankrupt company is complex. A mass tort attorney can help ensure you file claims correctly and explore all available legal avenues for compensation.

Yes, you may still be able to file a mass tort lawsuit even if you signed a waiver or agreement. While waivers and agreements can limit a company’s liability, they are not always enforceable, especially in cases involving negligence, fraud, or public policy violations. Here’s what to consider:

Waivers Do Not Protect Against Gross Negligence or Misconduct

Most courts do not uphold waivers that attempt to shield a company from liability if:

• The company acted with gross negligence or reckless misconduct (knowingly exposing consumers to a dangerous product).
• The company engaged in fraud, misrepresentation, or illegal activity (hiding safety risks from the public).

Unfair or Unclear Waivers May Not Be Enforceable

A waiver may be invalid if it is:

• Overly broad or ambiguous – If the language is unclear or too sweeping, courts may strike it down.
• Signed under duress – If you were pressured, misled, or not given enough time to review the agreement, it may not hold up in court.
• Against public policy – Some rights, such as those related to workplace safety, cannot be waived.

Some Rights Cannot Be Waived

In certain cases, laws prevent companies from enforcing waivers against injury claims, such as:

• Product liability claims – If a defective drug, medical device, or consumer product caused harm, a waiver may not apply.
• Workplace injuries – Employees may still have legal rights under workers’ compensation laws.
• Consumer protection laws – If the waiver violates state or federal consumer safety laws, it may be void.

Waivers and Arbitration Clauses

Some agreements contain mandatory arbitration clauses, which require disputes to be settled outside of court. However, courts sometimes rule these clauses unenforceable, especially in mass tort cases where public safety is at stake.

Legal Review Is Essential

If you signed a waiver but believe you have a valid mass tort claim, consult a mass tort attorney. They can review the agreement, determine if it’s enforceable, and explore your legal options.