Mass torts are a form of complex litigation. They occur when a significant number of people suffer a similar harm from the same product or a singular event. Due to the scale and complexity of the litigation, the mass tort settlement timeline and process can last for years.
In this article, readers will get a step-by-step breakdown of the timeline and process, along with key factors that help determine the time it takes to resolve mass tort litigation.
Several factors can impact the timeline and ultimate outcome of the litigation. Working with a law firm that has decades of experience in mass tort litigation can provide the guidance, resources, and expertise necessary to fully understand the process.
What Is a Mass Tort?
Mass torts occur when the same product, corporate misconduct, or harmful event injures a substantial number of people. Each plaintiff, most often working with an attorney, files their own separate lawsuit, allowing each claim to be evaluated on its own merits and compensation to be awarded based on the individual circumstances of the case.
Mass tort lawsuits are often filed against manufacturers of dangerous drugs or defective products that make it to market, causing harm to consumers.
Current and previous large-scale mass tort lawsuits include those filed against:
- Toxic baby food manufacturers
- The maker of Suboxone for failing to warn about the potential for tooth decay.
- The manufacturers of Ozempic and other GLP-1 medications for failing to warn consumers about the dangers associated with using the drugs.
- A multi-billion-dollar lawsuit against Bayer, the maker of Roundup.
- Johnson & Johnson for alleged harm after using talcum powder.
- Pfizer based on allegations that Depo-Provera may cause meningiomas.
A Mass Tort Settlement Process Overview
The mass tort settlement process is time-consuming and multifaceted, beginning with an investigation into the initial claim, followed by the filing of the lawsuit, entering into negotiations, and ultimately resolving the matter.
Key stakeholders in mass tort litigation include the plaintiffs, or those who are filing the claim, and the defense, which may be a corporate entity or the manufacturer of a dangerous or defective product. Each side is typically represented by attorneys, while a judge presides over the matter. In some cases, the claim may be handled by mediators to attempt an out-of-court resolution.
A Step-by-Step Breakdown of the Mass Tort Settlement Process
There are, at a minimum, six key steps to the mass tort settlement process. Each step can take months to complete. An attorney with extensive experience handling similar litigation can help provide guidance on the expected timeline for each step and will work to resolve the matter expeditiously. However, it is important to note that the process in a mass tort case rarely resolves quickly due to the scope and magnitude of these types of claims.
Step 1: Pre-Filing & Intake
The first step in a mass tort claim is the intake process. Individuals who were harmed by a dangerous or defective product or who suffered an injury at an event are encouraged to consult with a mass tort law firm about their potential for compensation.
During this pre-filing period, an attorney will review the claim to validate the type of harm through medical records or proof of exposure. They will also work to ensure that there is sufficient evidence to identify and prove that a party can be held responsible for the harm resulting from negligence or misconduct. Finally, they will review the case to ensure the statute of limitations has not expired.
Step 2: Case Consolidation & MDL Formation
In mass tort litigation, cases are kept separate but may be consolidated into a single proceeding, generally multidistrict litigation or MDL, to streamline the pre-trial process. In an MDL, lawsuits remain individual but information is shared among plaintiffs and pre-trial motions are coordinated to ensure consistency.
In established cases, claims from potential plaintiffs may be evaluated to determine whether they would be eligible to join an existing MDL. For newer cases, individual cases may be centralized into a single court forming an MDL.
Step 3: Discovery & Evidence Gathering
Throughout the litigation, both sides engage in evidence gathering and sharing. Generally referred to as the Discovery phase, information such as corporate records, expert opinions, scientific studies, and medical records are collected and reviewed to help establish liability and the potential scope of damages. Each party may also take depositions during this phase.
Step 4: Bellwether Trials
As the mass tort litigation advances, a select number of representative cases may be chosen to bellwether trials. These trials are done to test arguments in the case, set expectations for potential settlement values, and encourage a resolution. It can take months after the initial filing before the first bellwether trial is set in a mass tort case.
Step 5: Negotiation & Mediation
Attorneys, representing each party, will engage in negotiations throughout the process to try and resolve the matter without having to go to trial. In some cases, negotiations may be handled through a mediator. The goal of negotiations in large-scale mass tort litigation is often to seek a global or tiered settlement framework. One of the benefits to a negotiated settlement is that it helps to reduce the risk associated with taking the matter to trial and resolves the matter without prolonged litigation, saving both parties time and money.
Step 6: Settlement Distribution
The final phase of a successful mass tort lawsuit is the settlement distribution. Approved settlements are allocated among plaintiffs, usually through a tiered or point-based system. Plaintiffs are assigned to tiers or given points based on factors such as the severity of the injury, provable damages such as medical expenses, and impact to the quality of life. A key benefit to mass tort cases is that they allow for individualized compensation and tiered or point-based systems help to ensure fairness among all plaintiffs.
How Long Does a Mass Tort Case Take?
It can take months or years to resolve a mass tort case. There is no one-size-fits-all timeline. While an experienced attorney can help provide a more accurate assessment of how long it may take to find a resolution, several factors can affect the overall amount of time it takes to finalize.
Factors that may expedite or delay the mass tort process:
- Size and complexity of the case
- Jurisdiction where the case is being heard
- Accessibility of evidence and potential witnesses
- Willingness of the defendant to resolve the matter
- Local court rules
- Availability of judges or courtrooms (judicial calendar)
- Number of plaintiffs
Each phase of the mass tort settlement process may take several months to complete. While plaintiffs joining established MDLs may have less time between the initial filing and final payout, newer cases may have to wait through lengthy litigation.
The size of the mass tort also greatly increases the likelihood that the case will take longer to resolve. Generally speaking, the more plaintiffs that are involved the more complex the litigation is going to be. While the amount of time a mass tort takes to resolve can feel burdensome, completing the process is imperative. The process ensures time for all evidence to be gathered and reviewed, scientific studies to be completed, and experts to be consulted.
How Mass Tort Settlement Amounts Are Distributed
Settlement amounts in a mass tort case are generally distributed via a tiered or point-based system. Tiers or points are assigned based on factors such as the severity of the harm, permanency of the injury, ability to prove causation, and the outcome of bellwether trials. Other factors that can impact a potential payout in a mass settlement case include the age of the plaintiff, the impact to their earning capacity, the impact to their quality of life, provable pain and suffering, and extent of losses. Jurisdictional tendencies may also influence how mass tort settlement amounts are distributed.
Mass Tort Settlement Amounts
Mass tort settlement amounts differ substantially depending on the specifics of the case. Historically, large scale mass tort settlements can be in the billions. These types of claims usually involve a significant number of plaintiffs harmed by a defective product, dangerous drug, or harmful event.
Historical and potential mass tort settlement amounts:
Other major mass tort settlements include over $57 billion in payouts reached against opioid manufacturers, distributors, marketers and retailers and a $206 billion payout against big tobacco.
Each year new mass tort lawsuits are filed with multidistrict litigation being formed nationwide. Payouts in individual cases range substantially depending on the type of claim, severity of the injury, jurisdiction, and strength of the evidence. Individual settlements in mass tort claims can range from thousands of dollars to millions.
Mass Torts Vs Other Lawsuit Types
Mass tort litigation has many similarities and some stark differences with other types of lawsuits. While often used in the same discussion as class action and personal injury lawsuits, mass tort litigation offers a balance between the efficiency of a class action and the individual justice afforded personal injury claims.
Differences between mass tort claims and other types of lawsuits:
- Class action lawsuits: Often confused with mass torts, allows one person or a small group of plaintiffs to file a lawsuit on behalf of a larger group known as a class. If a settlement is reached it is a shared pool distributed amongst the class members. Unlike a mass tort, cases are not individualized.
- Personal injury lawsuits: Individual lawsuits filed against a defendant or group of defendants. Highly variable, often with long timelines before resolution and inconsistent outcomes.
How to File a Mass Tort Claim
There are several steps to take to file a mass tort claim. First, it is important to identify the type and cause of harm. Any evidence related to the injury, such as medical records and proof of exposure should be gathered to be provided to an attorney.
As soon as possible, contact a leading mass tort attorney who can help determine eligibility for filing a legal claim. Cases are generally governed by a state specific statute of limitations. Failure to file within the statute of limitations could result in the claim being denied.
Many mass tort cases are consolidated into multidistrict litigation or may be resolved through a global settlement agreement. Wisner Baum can help determine whether the criteria eligibility are met to pursue a claim and the best course of legal action.
FAQ’s About Mass Tort Settlements
Why do mass torts take so long?
The scale and complexity of mass tort cases makes them take longer to resolve. In many instances, mass tort cases involve a substantial number of plaintiffs. The discovery process alone can take years to complete. While the timeline may seem lengthy, the process can help to ensure that plaintiffs receive the compensation they deserve and justice is served.
What is the average payout for a mass tort settlement?
The average payout for a mass tort settlement depends on the individual circumstances of the case. Individual mass tort settlements can range from a few thousand dollars to several million. Unlike class action lawsuits, mass torts are individual lawsuits that have been consolidated, so claimants receive individualized compensation.
What is the most common tort claim?
Most mass tort claims are based on negligence or the wrongful misconduct of a corporation or manufacturer. A common basis for tort liability is a defective or dangerous product, false or misleading advertising, or a harmful event.
How are mass tort settlements distributed?
Many mass tort settlements are distributed according to a tiered or points-based system. Plaintiffs are assigned a tier or points in accordance with the severity of the injury or extent of harm they experienced along with other factors. Factors that affect settlement amounts may include plaintiff age, permanency of the injury, extent of losses, and impact to earning capacity.
How are settlements calculated?
Settlements in a mass tort case are highly individualized and range significantly depending on the type of harm, number of plaintiffs involved, conduct of the defendant, and more. Evidence showing the impact to a person’s quality of life, actual and expected losses, physical pain, and emotional suffering may all be presented to help calculate the final settlement amount.
Contact a Mass Tort Lawyer at Wisner Baum
Individuals who believe they have been harmed by a defective product, dangerous drug, or the wrongful conduct of a corporation are encouraged to contact Wisner Baum to schedule a free consultation. Wisner Baum lawyers are recognized leaders in mass tort litigation, having secured billions of dollars on behalf of clients nationwide. Attorneys with the firm are well-versed in navigating the often complex mass tort settlement process and will work tirelessly to ensure justice is served. Call now to get started.
