Everything You Need to Know About Mass Torts: When Many Voices Become One Powerful Lawsuit

When a single product, drug, or corporation causes harm to hundreds or even thousands of people, a single lawsuit is often not enough. 

That’s where mass tort litigation comes in. 

A mass tort allows multiple plaintiffs who have suffered similar injuries to file legal actions against the same defendant(s), seeking justice for the harm they’ve endured. 

Unlike class actions, mass torts treat each plaintiff as an individual, ensuring their specific damages are accounted for, yet they still benefit from the strength of collective legal action.

At Morgan & Morgan, we believe in the power of the people. If a large company has wronged you, you’re not alone, and you don’t have to take on that battle by yourself. 

As the country’s largest personal injury law firm, we have decades of experience representing clients in mass tort cases across the country, securing billions in settlements and verdicts on their behalf.

If you have questions about your specific case, contact us today for a free case evaluation to learn more about your legal options and whether a mass tort lawsuit is right for you.

What Is a Mass Tort?

A mass tort is a civil legal action involving numerous plaintiffs against one or a few corporate defendants. The term “tort” refers to a civil wrong that causes harm or loss, leading to legal liability. In a mass tort, many individuals suffer similar injuries due to the same product, action, or failure to act, such as exposure to a dangerous chemical, a defective drug, or a faulty medical device.

While the plaintiffs in a mass tort lawsuit share similar claims, each individual’s case is treated separately in terms of the specific damages they’ve suffered. This allows for more personalized compensation than a typical class action lawsuit, which often divides a single settlement equally among all plaintiffs.

Common Types of Mass Tort Cases

Mass torts arise in a wide range of industries, but they most often involve products or substances used by large populations. Here are some common categories:

Dangerous Drugs

Prescription and over-the-counter medications can cause serious harm if not properly tested, labeled, or disclosed. Drug manufacturers may fail to warn consumers of side effects or rush a product to market without adequate clinical trials.

Examples include:

• Zantac (linked to cancer-causing chemicals)
• Vioxx (heart attack and stroke risk)
• Paxil (birth defects when taken during pregnancy)
• Opioids (massive addiction and overdose crisis)
  
   

Defective Medical Devices

When medical implants or devices fail, the consequences can be life-altering. Patients may suffer complications that require additional surgeries or cause permanent disability.

Examples include:

• Hernia mesh implants
• Hip and knee replacements (e.g., DePuy, Stryker)
• Essure birth control implants
• IVC filters
  
   

Toxic Exposure

Exposure to harmful chemicals—at work, in the water, or even in consumer products—can result in long-term health issues, including cancer, respiratory conditions, and neurological disorders.

Examples include:

• Camp Lejeune water contamination
• Roundup weed killer (linked to non-Hodgkin’s lymphoma)
• Asbestos (linked to mesothelioma)
• PFAS chemicals (“forever chemicals” found in drinking water)
  
   

Defective Consumer Products

Products designed for household or personal use can cause burns, electrocutions, fires, and other hazards if improperly designed or manufactured.

Examples include:

• Exploding e-cigarettes or vape pens
• Dangerous baby products (like inclined sleepers or rockers)
• Faulty airbags (e.g., Takata airbag recall)
  
   

Consumer Fraud or Deceptive Practices

Mass torts can also involve financial or personal damages from fraudulent business practices or deceptive marketing.

Examples include:

• Data breaches (exposing consumer information)
• Deceptive advertising of health or wellness products
• Unlawful fees or charges by banks and lenders
  
   

How Mass Torts Differ From Class Actions

While mass torts and class actions are both legal tools used to hold powerful entities accountable for widespread harm, they operate very differently, and those differences can significantly impact the outcome of your case.

Individual vs. Group Treatment

• Mass Tort: Each plaintiff is treated as an individual. That means your injuries, medical expenses, and pain and suffering are evaluated separately.
• Class Action: All plaintiffs are grouped into a single “class,” and the case is resolved collectively. Everyone receives the same (or very similar) outcome, regardless of individual circumstances.
  
   

Compensation

• Mass Tort: Settlements or verdicts are tailored to each person. Someone with more severe injuries may receive more compensation.
• Class Action: A lump-sum settlement is typically divided equally (or proportionally) among all class members.
  
   

Case Management

• Mass Tort: Though many lawsuits may be consolidated in what's called multi-district litigation (MDL) to streamline pre-trial proceedings, each case remains independent and may proceed to trial on its own.
• Class Action: A single lawsuit is filed on behalf of the entire class, and one or a few plaintiffs serve as representatives for the group.
  
   

Evidence & Testimony

• Mass Tort: Plaintiffs can submit individual medical records, provide personal testimony, and use specific expert witnesses to support their case.
• Class Action: The case relies on shared facts and typically doesn’t require personalized evidence for every plaintiff.
  
   

Best Use Cases

• Mass Tort: Best suited for cases involving widespread harm but different degrees of injury, like defective drugs, medical devices, or toxic exposure.
• Class Action: Often used in situations involving financial losses or uniform harm, such as false advertising, data breaches, or illegal fees.
  
   

Which One Is Better for You?

If your injuries are serious, specific, and unique, a mass tort is more likely to result in fair compensation that reflects the full extent of your damages. While class actions are efficient for large groups with small claims, mass torts provide the personalized attention your case deserves.

At Morgan & Morgan, we help clients determine which legal path is right for their situation, and we have the resources to fight and win either way.

How Do Mass Tort Lawsuits Work?

While every case is different and every individual unique, the mass tort process can generally go as follows:

1. Investigation & Case Building

Lawyers begin by investigating whether a widespread issue is harming many people. If a trend emerges, such as a spike in injuries from the same drug, law firms may begin evaluating potential plaintiffs and building a case against the manufacturer.

2. Filing Individual Claims

Unlike a class action, where a single case represents everyone, each plaintiff in a mass tort files their own lawsuit. These cases are then often consolidated into multi-district litigation (MDL) to streamline the pre-trial process and share resources like expert witnesses and evidence.

3. Discovery & Evidence Gathering

Lawyers on both sides gather evidence, such as:

• Medical records
• Product documentation
• Internal company emails
• Testimony from doctors and experts
  
   

4. Bellwether Trials

A small number of representative cases are selected to go to trial. These “bellwether” trials help gauge how juries are likely to respond, which can influence settlement negotiations for the remaining cases.

5. Settlement or Trial

If the defendant sees losses piling up in bellwether trials, they may agree to a global settlement. If not, individual cases may continue toward trial, where verdicts are determined one by one.

How Compensation Works in Mass Torts

Mass tort compensation is not one-size-fits-all. Each plaintiff can pursue damages based on their specific situation. These may include:

Economic Damages

• Medical bills (past and future)
• Lost wages or reduced earning capacity
• Costs of ongoing care or rehabilitation
  
   

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship or support
  
   

Punitive Damages

In extreme cases, courts may award punitive damages to punish the defendant for especially reckless or malicious behavior, such as knowingly hiding dangers from the public.

Previous Mass Torts Morgan & Morgan Has Litigated

Morgan & Morgan has handled a wide range of mass tort cases and fought effectively for the victims of corporate and government negligence. 

We’ve made mass tort news numerous times by pursuing the following types of cases:

Exactech Ankle and Knee Replacement Recall

Exactech is a global medical device company that manufactures knee and ankle replacement implants. However, in 2022, many of the plastic inserts in these devices were found to be defective and subsequently recalled. 

Some of the products were stored incorrectly before use, causing them to warp. After they were implanted into patients, these defective replacement devices raised the risk of later knee problems for those using them. 

At the time of the recall, more than 147,000 Exactech knee replacement implants had been used since 2004. As a result, hundreds, if not thousands, of consumers had sustained significant personal and financial harm. 

While the company offered refunds for the price of the faulty product, it wasn’t enough. Those injured due to the faulty Exactech products often faced many additional costs and losses, and many victims experienced significant medical issues because of the faulty devices. Some of the most common issues that consumers experienced included:

• Aggravated ankle or knee swelling
• Ankle or knee swelling in a novel location
• Difficulty walking or inability to walk
• Significant and lasting pain in the knee or ankle
• Loss of balance
• Inability to bear weight on the ankle or knee
• Ankle or knee noises, such as grinding, clicking, or scraping 

According to a statement released by the company, these products were shipped in vacuum-sealed bags. Possible defects allowed oxygen to warp the knee and ankle inserts, making the products less reliable and putting patients in danger. 

Philips Sleep Apnea Machine Suit

People who suffer from sleep apnea experience many difficult symptoms as a result of their condition. Many patients rely on CPAP (continuous positive airway pressure) machines to help them relieve sleep apnea and get a good night’s rest.

However, one sleep apnea machine manufactured by Philips Respironics caused problems for many users. The manufacturer recalled millions of CPAP units because users were unknowingly breathing toxic foam. This foam caused many serious health consequences for users, including: 

• Persistent headaches
• Coughing 
• Asthma
• Upper-airway irritations
• Liver and kidney damage
• Nausea and vomiting
• Increased pressure in the chest
• Sinus infections 

In a few extreme cases, the foam from these defective CPAP machines led to the development of certain types of cancer, and those who were affected deserved significant financial recovery. Philips Respironics agreed to a $1.1 billion settlement on April 29, 2024, to compensate people for financial damages related to the recall.

Camp Lejeune Toxic Water Tort

From 1953 to 1987, the water at the Marine Corps Base Camp Lejeune in North Carolina was contaminated with high levels of toxic substances. While the government was aware of this issue, it failed to take appropriate action to resolve it.

As a result, many service people and their loved ones stationed at Camp Lejeune during this period now suffer from various illnesses, many of which are life-threatening. Veterans exposed to the contaminated water have developed the following medical issues and conditions:

• Kidney and liver cancer
• Lung cancer
• Spinal cancer
• Breast cancer
• Bladder or esophageal cancer
• Leukemia
• Birth defects
• Infertility
• Parkinson’s disease
• Non-Hodgkin’s lymphoma
• Miscarriage 

Many other types of cancers are possible for those who ingested or were exposed to the water at Camp Lejeune. 

Disclaimer: The mass tort cases referenced herein are for informational purposes only and may no longer be active; readers should consult current legal sources or professionals for the most up-to-date information.

Where Can I Find Lawyers Who Handle Mass Tort Issues?

Taking on a massive corporation can feel intimidating. They have teams of lawyers, seemingly endless resources, and entire departments focused on protecting their profits. 

That’s why you need a firm with the resources, experience, and relentless determination to fight back and win.

At Morgan & Morgan, we’ve helped thousands of clients nationwide in mass tort cases involving dangerous drugs and devices, toxic chemical exposure, environmental contamination, and fraudulent business practices.

As the nation’s largest personal injury law firm with an army of over 1,000 trial-ready attorneys and law offices in every state, no matter your location or the size of your case, we have an attorney nearby who may be able to help.

And best of all: we don’t get paid unless you win. Our contingency-fee model means you never have to worry about out-of-pocket legal costs. That’s right—the Fee Is Free®. If you don’t get compensation, you don’t owe a dime.

If you’ve been hurt by a defective drug, dangerous product, or toxic exposure, you deserve answers, you deserve justice, and you deserve a legal team that knows how to take on powerful corporations and win.

Contact us today for a free, no-obligation case review. It costs nothing to get started, and it could be the first step toward the justice you and your family deserve.