What is a mass tort, and how is it different from a class action lawsuit?
A mass tort is a type of civil action where multiple plaintiffs each bring an individual claim against one or a few defendants based on similar harm caused by the same product, event, or action.
Unlike class action lawsuits, where claims are consolidated into a single representative action, mass tort plaintiffs maintain separate individual lawsuits that are coordinated for pretrial proceedings to improve efficiency.
While mass tort claims involve a range of injury types that are often relatively severe, class action cases often involve relatively lesser harms to the victims, and they are consolidated because it would be cost-prohibitive for plaintiffs, attorneys, defendants, and the overall court system to pursue each separately. During your free consultation, we can assess whether you have a mass tort, class action, or another type of personal injury claim.
What are common types of mass tort cases?
Some common types of mass tort cases include:
- Pharmaceutical injuries (e.g., defective drugs)
- Medical device failures (e.g., faulty hip implants)
- Toxic exposure (e.g., water contamination, asbestos)
- Consumer product defects (e.g., talcum powder litigation)
- NEC baby formula lawsuits involving premature infant injury
These cases usually involve allegations that a product or substance caused widespread harm across numerous individuals. Schedule a free consultation with Flynn Greathouse to discuss your situation and your legal options to seek monetary compensation for your injuries and losses.
How long does a mass tort lawsuit take to resolve?
The timeline for a mass tort lawsuit can vary widely depending on:
- Complexity of scientific or medical evidence
- Number of plaintiffs involved
- Jurisdiction (such as state or federal)
- Settlement negotiations or whether a global settlement is reached
- Court scheduling and resources
Many mass torts take several years to reach resolution through settlement or trial, but specific durations vary by case type and jurisdiction. While some may resolve within months, it is common for mass tort claims to take 2-5 years to reach a resolution. Our law firm can give you an estimate based on the details of your case. Request a free consultation with Flynn Greathouse for realistic expectations in your matter.
What are the NEC baby formula mass tort claims, and how have families of injured infants pursued compensation through these injury claims?
The NEC baby formula mass tort litigation involves claims against manufacturers of cow’s milk-based baby formulas, such as Similac and Enfamil. Plaintiffs allege that these formulas increase the risk of necrotizing enterocolitis (NEC) in premature infants, a serious and potentially fatal intestinal disease. Lawsuits argue that manufacturers failed to adequately warn parents and healthcare providers about this risk. If you believe your child has suffered an NEC baby formula injury, contact Flynn Greathouse at (888) 82-FG-LAW(888) 82-FG-LAW or complete our online form to request a free consultation.
How do I know if I qualify to join a mass tort lawsuit?
To qualify for a mass tort claim, an injury victim or their family will usually need to meet the following requirements:
- You (or your loved one) suffered harm similar to other plaintiffs in the litigation.
- The harm was caused by the defendant’s product or action under investigation.
- You meet the medical or factual criteria established for the specific litigation.
The specific qualifying criteria will often vary across different mass tort scenarios.
Many people often mistakenly believe that class action lawsuits would be the right approach due to widely-publicized cases and because “class action” is more prevalent in the everyday vernacular of people engaged with popular culture, but these people are often wrongly referring to particular mass tort claims as class action lawsuits. Our attorneys track these common types of mass tort and class action claims. We can guide you to pursue the right path to seek the monetary compensation you need.
Request a free consultation with Flynn Greathouse so we can discuss the details of your case, review medical records, product usage history, and injury details to determine your eligibility to pursue a mass tort claim.
What types of compensation can an injury victim seek in a mass tort case?
Because each plaintiff maintains an individual claim, potential compensation for mass torts depends on the details of the injury victim’s particular case. Unlike in class actions, potential compensation is not evenly divided among plaintiffs. It is instead based on individual damages proven in that specific claim.
At Flynn Greathouse, we can seek financial compensation for specific injuries and losses (known as damages), accounting for each of the following as they pertain to your specific injury and case details:
- Severity and nature of the injury
- Medical expenses incurred due to the injury
- Lost income and earning capacity
- Pain and suffering
- Other economic or non-economic damages specific to your circumstances
These points underscore the importance of seeking an assessment of the details of your unique mass tort case. Schedule a free consultation to discuss the details of your claim and your options to pursue a mass tort claim.
What is multidistrict litigation (MDL), and how does it relate to mass torts?
Multidistrict litigation (MDL) is a federal procedural mechanism used to consolidate similar cases filed in multiple districts into one court for pretrial proceedings, discovery, and motion practice.
In mass torts, MDL streamlines litigation efficiency, but each plaintiff retains an individual lawsuit, which can then be sent back to the original court for trial if it is not settled.
We can assess the likelihood of multidistrict litigation in your mass tort claim during your free consultation with Flynn Greathouse.
Will I need to travel to participate in a mass tort lawsuit?
In many mass tort cases we handle within MDLs, plaintiffs do not need to travel frequently. Our attorneys often manage filings and participation for these claims remotely.
However, sometimes injury victims may need to fulfill requirements that could involve travel. In some circumstances you may need to travel to:
- Provide deposition testimony
- Attend independent medical examinations
- Appear in court for trial if the case is not settled
We can discuss the possibility of required travel during your free consultation, and we update you regarding potential travel implications due to your case status according to the progression of your case.
How much does it cost to pursue a mass tort claim?
Our mass tort attorneys at Flynn Greathouse operate on a contingency fee basis, meaning we only collect legal fees as a percentage of the potential financial recovery we pursue on your behalf.
There are no upfront costs for the client, and we deduct the attorney fees from any settlement or verdict amount we may recover.
We can discuss the details as they apply to your case during your free consultation.
Can I file a mass tort claim after my state’s statute of limitations?
Statutes of limitations (deadlines to file a claim) vary by state and by the type of claim involved. Many mass tort claims are filed in federal court under MDL procedures, but state-specific deadlines still apply, and missing them can bar your claim.
Contact an attorney at Flynn Greathouse as soon as possible to request a free consultation so we can assess your filing window and preserve your rights.
