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Mass Tort Lawsuit
Standing Up for Thousands, One Case at a Time

When large numbers of people are injured by the same defective product, wrongful corporate conduct, or environmental incident, it may amount to a mass tort lawsuit. Mass torts are brought by individual plaintiffs, even though they may involve similar defendants or a similar question of fact. If successful, plaintiffs in mass tort lawsuits receive compensation based on the specific circumstances of their claim.

Nationwide Leaders in Mass Tort Litigation

The mass tort attorneys at Wisner Baum have decades of experience leading multidistrict litigations for dangerous drugs, harmful consumer products, defective medical devices, and more. Our firm serves on the plaintiff’s leadership in the following mass torts:

  • Baby Food Products Liability Litigation (MDL-3101)
  • Gardasil Products Liability Litigation (MDL-3036)
  • Zantac (Ranitidine) Products Liability Litigation (Civil Action No. N22C-09-101 ZAN), Delaware Superior Court
  • Ranitidine (Zantac) Judicial Council Coordinated Proceedings (JCCP 5150), California Superior Court
  • Liaison Counsel to Federal MDL-2741 Roundup Products Liability Litigation for Roundup Judicial Council Coordinated Proceedings (JCCP 4953), California Superior Court

Unlike many mass tort firms that focus solely on case acquisition, Wisner Baum attorneys take on mass tort cases to lead. We have extensive trial experience, having tried numerous mass tort cases to verdict—a critical factor that directly impacts settlement negotiations and demonstrates our willingness to take on any corporate opponent. 

We are considered leaders in the industry, having secured billions of dollars for clients nationwide, and with over 40 years of experience providing expert legal guidance. 

From the initial case evaluation to filing the claim, negotiating a favorable settlement, or taking the matter to trial, the mass tort law firm of Wisner Baum remains client-focused and dedicated to getting victims the compensation and justice they deserve

Understanding Mass Tort Lawsuit

What Is a Mass Tort?

When a large number of people are injured by the same product or wrongful corporate action, they may file mass tort litigation. Mass torts occur when several separate plaintiffs with similar claims file individual lawsuits against one or more of the same defendants.

In mass tort litigation, unlike class action lawsuits, each individual plaintiff retains their own independent case and, if successful, has compensation tailored to their specific injuries.

For example, Wisner Baum is leading the toxic baby food litigation, where hundreds of individual lawsuits alleging children developed autism and/or ADHD after consuming certain baby food products, are consolidated in Northern California. Instead of having each baby food case go through a separate trial, the cases have been transferred into a single court to consolidate pretrial proceedings. 

The goal is to provide a fair and effective way to handle complex legal claims involving many people while ensuring that their individual rights are protected.

How Mass Torts Differ from Class Actions and MDLs

Frequently, legal terms like class action lawsuit, mass torts, and multidistrict litigation are used interchangeably despite having different meanings under the law. A lawyer, well-versed in mass tort cases, can help distinguish the differences between these types of cases or legal principles. They can also provide guidance on which legal options may be available based on the individual circumstances of a specific claim. 

Differences between class actions, multidistrict litigation, and mass torts:

  • Class action lawsuits: In a class action lawsuit, one plaintiff or a small group of plaintiffs represents a class of plaintiffs in a single lawsuit. The class representative represents all plaintiffs in litigation, and if successful, compensation is distributed equally among class members. One of the largest class action lawsuits in history was filed against Big Tobacco and resulted in a $200 billion settlement.
  • Multidistrict litigation: Multidistrict litigation (MDL) occurs when similar lawsuits are consolidated into one court. Unlike in a class action, plaintiffs retain their individual lawsuits, and compensation generally depends on factors such as the severity of the injury. A growing MDL has been filed out of the Northern District of California alleging that there are toxic heavy metals in baby food products sold nationwide.
  • Mass torts: Mass tort is a legal term used when a large number of people suffer similar harm from a product or shared experience. Mass tort lawsuits are filed individually and evaluated on a case-by-case basis. Major toxic tort lawsuits include those filed against the manufacturers of Roundup and talcum powder products.

How to File a Mass Tort Lawsuit: A Step-by-Step Process

Being injured by a defective product or a dangerous drug can be overwhelming. It can be difficult to know where to turn, particularly if you have been hospitalized or missed work as a result of the harm. The mass tort litigation attorneys at Wisner Baum have decades of experience guiding victims through the mass tort process. Each case begins with a free, no-obligation consultation to help determine the best course of legal action.

Steps to file a mass tort lawsuit:

  • Consult with a mass tort lawyer: The first step in a mass tort lawsuit is consulting with an attorney. A mass tort attorney can help determine eligibility for filing a lawsuit or joining existing litigation such as an MDL. Joining an MDL can help streamline the pre-trial process, while still allowing plaintiffs to receive individualized compensation. 
  • Collect evidence: An attorney can help assess what evidence may strengthen an individual claim, including medical records, proof of purchase, employment records, or financial statements.
  • File the claim: With eligibility confirmed and evidence gathered, a mass tort attorney will file the claim in the appropriate jurisdiction or join existing litigation. It is important to begin the process as quickly as possible, as there may be strict legal deadlines that apply to the case.
  • Pre-trial and trial phases: During the pre-trial process, the case will go through several phases, including the discovery phase. During the discovery phase, each party is entitled to review evidence. Depending on the type of litigation, the judge may set bellwether trials or test cases. 
  • Settlement: Attorneys may also enter into settlement negotiations. Outcomes of bellwether trials can help influence the value of potential cases and determine whether plaintiffs should proceed through litigation or accept a settlement. 

Wisner Baum has over 40 years of experience holding companies accountable for negligence and wrongdoing. Mass tort litigation attorneys at the firm work hard to maximize compensation for clients, always fighting for the justice victims and survivors deserve.

Mass Tort Examples & Case Types

The mass tort attorneys at Wisner Baum handle a wide range of cases, from claims against pharmaceutical companies for misrepresenting safety information or mislabeling to lawsuits against major airlines for failing to protect their passengers. Individuals who have been harmed by a dangerous product or preventable disaster are encouraged to seek legal representation immediately by contacting Wisner Baum for a free case evaluation. 

Types of mass tort lawsuits Wisner Baum handles:

  • Antipsychotics: Wisner Baum was the first law firm to file a breast cancer lawsuit against antipsychotic manufacturer Johnson & Johnson, alleging the company failed to adequately warn consumers about the risk of using antipsychotic drugs like Risperdal. 
  • Baby Food: Internal and independent testing confirms that a wide range of commercial baby food products contain elevated levels of toxic heavy metals. Wisner Baum represents over 6,000 families in baby food products liability lawsuits nationwide. 
  • Aviation Accidents: Commercial aviation crashes can also lead to mass tort litigation, as the cases involve dozens of plaintiffs with unique claims for damages against a common defendant (or defendants). Wisner Baum has secured over half a billion dollars for aviation accident victims across the globe and was the first law firm to secure an official public apology from an airline crash.
  • Wildfires: California wildfires cost millions of dollars in damage and leave thousands of people without homes. When these destructive fires are caused by the negligence of a utility company, that company must be held responsible. 
  • Depo-Provera: Research shows that women taking the birth control injectable Depo-Provera may be at an increased risk of developing brain tumors. Wisner Baum represents clients across the country in Depo-Provera lawsuits against drug manufacturers, including Pfizer.
  • Roundup (Glyphosate): Mass tort lawyers with Wisner Baum have helped to secure over $10.9 billion on behalf of cancer victims in Roundup lawsuits nationwide, including one of the largest mass tort settlements in history.

What You Need to Prove in a Mass Tort Case

Mass tort litigation often requires substantial evidence to help substantiate the case. Since each case is unique, consulting with an experienced attorney is the best way to determine what documents or other information are needed. 

Evidence generally required in a mass tort case:

  • Proof of harm: Medical records or other documents showing that you experienced an injury or losses related to a dangerous product or wrongful conduct.
  • Link between harm and act or omission: Evidence must establish what caused the injury. Documents may include proof of purchase of a defective product, evidence of exposure, or proof of presence at a catastrophic event.
  • Proof of legal responsibility: Finally, evidence will need to show who was at fault or legally responsible for the injuries. A lawyer can help provide guidance about how the law decides if you are owed compensation. 

You may be wondering whether you need all of the above to qualify for a mass tort lawsuit. While receipts and documentation can strengthen your case, not having them does not necessarily disqualify you. We can work with other forms of evidence and expert testimony to establish your losses and the impact of your injuries. Our mass tort attorneys will guide you on how to best support your claim with the available evidence. 

How Much Are Mass Tort Settlements Worth?

There is no “one-size-fits-all” settlement in a mass tort case. Mass tort settlements are determined on a case-by-case basis and may vary significantly depending on the type of harm suffered, severity of the injury, medical expenses, cost of future treatment, lost wages, and diminished quality of life.

Unlike class action lawsuits, mass tort litigation involves individual claims and not group payouts; therefore, compensation is assessed separately for each case. Factors including the results of bellwether trials, the strength and presence of expert testimony, and the amount of provable damages may all determine the potential value of a claim. 

In every case, the mass tort lawyers at Wisner Baum work to maximize recovery for each client, ensuring they receive the largest possible compensation based on the circumstances of their claim. 

Why Choose Wisner Baum for Mass Tort Cases?

Wisner Baum is a leader in the industry when it comes to mass tort cases and multidistrict litigation. The firm has helped to secure over $4 billion for clients nationwide and works tirelessly to ensure justice is served in every case. 

Why hire Wisner Baum for a mass tort case?

  • Decades of Experience: The firm has decades of experience representing victims and survivors of mass tort cases throughout the US. We have secured billions of dollars for clients in national cases, including aviation accidents, dangerous drug lawsuits, and defective medical devices.
  • Unparalleled Resources: Wisner Baum has unparalleled access to expert witnesses and legal resources. The firm is trial-ready, having fought and won numerous high-profile cases over the last 40 years.
    • Nationwide Leaders in Mass Tort Litigation: Wisner Baum is not a case volume law firm; when we take on a mass tort, we want to be the leaders in the litigation. By serving on the plaintiff’s leadership and getting cases in front of juries, we believe we are giving our clients the best possible chance at a successful outcome. 
  • Client-Focused Representation: Mass tort lawyers at Wisner Baum are client-focused, giving personalized attention to every case. We are compassionate advocates dedicated to holding companies accountable for their wrongdoing.
  • Trial Ready: If settlement negotiations don’t work, we won’t hesitate to take cases to court. We will always fight for full and fair compensation for our clients, no matter the corporate opponent. 
  • Transparent Communication: Wisner Baum is committed to providing transparency in all communications, including when it comes to fees. The firm proudly represents clients on a contingency fee basis, meaning there are no fees unless you win. 

Contact a Mass Tort Litigation Attorney Today

If you or a loved one was injured by a dangerous product or as a result of a company’s wrongdoing, contact Wisner Baul for a free mass tort case evaluation today. There is no obligation to retain the firm’s services. Cases are accepted on a contingency fee basis, meaning there are no upfront fees. It is essential, however, to take early action to avoid missing vital legal deadlines. Contact the firm now to schedule a consultation.

Read More
Justice Starts Here
Understanding Mass Tort Lawsuit

What Is a Mass Tort?

When a large number of people are injured by the same product or wrongful corporate action, they may file mass tort litigation. Mass torts occur when several separate plaintiffs with similar claims file individual lawsuits against one or more of the same defendants.

In mass tort litigation, unlike class action lawsuits, each individual plaintiff retains their own independent case and, if successful, has compensation tailored to their specific injuries.

For example, Wisner Baum is leading the toxic baby food litigation, where hundreds of individual lawsuits alleging children developed autism and/or ADHD after consuming certain baby food products, are consolidated in Northern California. Instead of having each baby food case go through a separate trial, the cases have been transferred into a single court to consolidate pretrial proceedings. 

The goal is to provide a fair and effective way to handle complex legal claims involving many people while ensuring that their individual rights are protected.

How Mass Torts Differ from Class Actions and MDLs

Frequently, legal terms like class action lawsuit, mass torts, and multidistrict litigation are used interchangeably despite having different meanings under the law. A lawyer, well-versed in mass tort cases, can help distinguish the differences between these types of cases or legal principles. They can also provide guidance on which legal options may be available based on the individual circumstances of a specific claim. 

Differences between class actions, multidistrict litigation, and mass torts:

  • Class action lawsuits: In a class action lawsuit, one plaintiff or a small group of plaintiffs represents a class of plaintiffs in a single lawsuit. The class representative represents all plaintiffs in litigation, and if successful, compensation is distributed equally among class members. One of the largest class action lawsuits in history was filed against Big Tobacco and resulted in a $200 billion settlement.
  • Multidistrict litigation: Multidistrict litigation (MDL) occurs when similar lawsuits are consolidated into one court. Unlike in a class action, plaintiffs retain their individual lawsuits, and compensation generally depends on factors such as the severity of the injury. A growing MDL has been filed out of the Northern District of California alleging that there are toxic heavy metals in baby food products sold nationwide.
  • Mass torts: Mass tort is a legal term used when a large number of people suffer similar harm from a product or shared experience. Mass tort lawsuits are filed individually and evaluated on a case-by-case basis. Major toxic tort lawsuits include those filed against the manufacturers of Roundup and talcum powder products.

How to File a Mass Tort Lawsuit: A Step-by-Step Process

Being injured by a defective product or a dangerous drug can be overwhelming. It can be difficult to know where to turn, particularly if you have been hospitalized or missed work as a result of the harm. The mass tort litigation attorneys at Wisner Baum have decades of experience guiding victims through the mass tort process. Each case begins with a free, no-obligation consultation to help determine the best course of legal action.

Steps to file a mass tort lawsuit:

  • Consult with a mass tort lawyer: The first step in a mass tort lawsuit is consulting with an attorney. A mass tort attorney can help determine eligibility for filing a lawsuit or joining existing litigation such as an MDL. Joining an MDL can help streamline the pre-trial process, while still allowing plaintiffs to receive individualized compensation. 
  • Collect evidence: An attorney can help assess what evidence may strengthen an individual claim, including medical records, proof of purchase, employment records, or financial statements.
  • File the claim: With eligibility confirmed and evidence gathered, a mass tort attorney will file the claim in the appropriate jurisdiction or join existing litigation. It is important to begin the process as quickly as possible, as there may be strict legal deadlines that apply to the case.
  • Pre-trial and trial phases: During the pre-trial process, the case will go through several phases, including the discovery phase. During the discovery phase, each party is entitled to review evidence. Depending on the type of litigation, the judge may set bellwether trials or test cases. 
  • Settlement: Attorneys may also enter into settlement negotiations. Outcomes of bellwether trials can help influence the value of potential cases and determine whether plaintiffs should proceed through litigation or accept a settlement. 

Wisner Baum has over 40 years of experience holding companies accountable for negligence and wrongdoing. Mass tort litigation attorneys at the firm work hard to maximize compensation for clients, always fighting for the justice victims and survivors deserve.

Mass Tort Examples & Case Types

The mass tort attorneys at Wisner Baum handle a wide range of cases, from claims against pharmaceutical companies for misrepresenting safety information or mislabeling to lawsuits against major airlines for failing to protect their passengers. Individuals who have been harmed by a dangerous product or preventable disaster are encouraged to seek legal representation immediately by contacting Wisner Baum for a free case evaluation. 

Types of mass tort lawsuits Wisner Baum handles:

  • Antipsychotics: Wisner Baum was the first law firm to file a breast cancer lawsuit against antipsychotic manufacturer Johnson & Johnson, alleging the company failed to adequately warn consumers about the risk of using antipsychotic drugs like Risperdal. 
  • Baby Food: Internal and independent testing confirms that a wide range of commercial baby food products contain elevated levels of toxic heavy metals. Wisner Baum represents over 6,000 families in baby food products liability lawsuits nationwide. 
  • Aviation Accidents: Commercial aviation crashes can also lead to mass tort litigation, as the cases involve dozens of plaintiffs with unique claims for damages against a common defendant (or defendants). Wisner Baum has secured over half a billion dollars for aviation accident victims across the globe and was the first law firm to secure an official public apology from an airline crash.
  • Wildfires: California wildfires cost millions of dollars in damage and leave thousands of people without homes. When these destructive fires are caused by the negligence of a utility company, that company must be held responsible. 
  • Depo-Provera: Research shows that women taking the birth control injectable Depo-Provera may be at an increased risk of developing brain tumors. Wisner Baum represents clients across the country in Depo-Provera lawsuits against drug manufacturers, including Pfizer.
  • Roundup (Glyphosate): Mass tort lawyers with Wisner Baum have helped to secure over $10.9 billion on behalf of cancer victims in Roundup lawsuits nationwide, including one of the largest mass tort settlements in history.

What You Need to Prove in a Mass Tort Case

Mass tort litigation often requires substantial evidence to help substantiate the case. Since each case is unique, consulting with an experienced attorney is the best way to determine what documents or other information are needed. 

Evidence generally required in a mass tort case:

  • Proof of harm: Medical records or other documents showing that you experienced an injury or losses related to a dangerous product or wrongful conduct.
  • Link between harm and act or omission: Evidence must establish what caused the injury. Documents may include proof of purchase of a defective product, evidence of exposure, or proof of presence at a catastrophic event.
  • Proof of legal responsibility: Finally, evidence will need to show who was at fault or legally responsible for the injuries. A lawyer can help provide guidance about how the law decides if you are owed compensation. 

You may be wondering whether you need all of the above to qualify for a mass tort lawsuit. While receipts and documentation can strengthen your case, not having them does not necessarily disqualify you. We can work with other forms of evidence and expert testimony to establish your losses and the impact of your injuries. Our mass tort attorneys will guide you on how to best support your claim with the available evidence. 

How Much Are Mass Tort Settlements Worth?

There is no “one-size-fits-all” settlement in a mass tort case. Mass tort settlements are determined on a case-by-case basis and may vary significantly depending on the type of harm suffered, severity of the injury, medical expenses, cost of future treatment, lost wages, and diminished quality of life.

Unlike class action lawsuits, mass tort litigation involves individual claims and not group payouts; therefore, compensation is assessed separately for each case. Factors including the results of bellwether trials, the strength and presence of expert testimony, and the amount of provable damages may all determine the potential value of a claim. 

In every case, the mass tort lawyers at Wisner Baum work to maximize recovery for each client, ensuring they receive the largest possible compensation based on the circumstances of their claim. 

Why Choose Wisner Baum for Mass Tort Cases?

Wisner Baum is a leader in the industry when it comes to mass tort cases and multidistrict litigation. The firm has helped to secure over $4 billion for clients nationwide and works tirelessly to ensure justice is served in every case. 

Why hire Wisner Baum for a mass tort case?

  • Decades of Experience: The firm has decades of experience representing victims and survivors of mass tort cases throughout the US. We have secured billions of dollars for clients in national cases, including aviation accidents, dangerous drug lawsuits, and defective medical devices.
  • Unparalleled Resources: Wisner Baum has unparalleled access to expert witnesses and legal resources. The firm is trial-ready, having fought and won numerous high-profile cases over the last 40 years.
    • Nationwide Leaders in Mass Tort Litigation: Wisner Baum is not a case volume law firm; when we take on a mass tort, we want to be the leaders in the litigation. By serving on the plaintiff’s leadership and getting cases in front of juries, we believe we are giving our clients the best possible chance at a successful outcome. 
  • Client-Focused Representation: Mass tort lawyers at Wisner Baum are client-focused, giving personalized attention to every case. We are compassionate advocates dedicated to holding companies accountable for their wrongdoing.
  • Trial Ready: If settlement negotiations don’t work, we won’t hesitate to take cases to court. We will always fight for full and fair compensation for our clients, no matter the corporate opponent. 
  • Transparent Communication: Wisner Baum is committed to providing transparency in all communications, including when it comes to fees. The firm proudly represents clients on a contingency fee basis, meaning there are no fees unless you win. 

Contact a Mass Tort Litigation Attorney Today

If you or a loved one was injured by a dangerous product or as a result of a company’s wrongdoing, contact Wisner Baul for a free mass tort case evaluation today. There is no obligation to retain the firm’s services. Cases are accepted on a contingency fee basis, meaning there are no upfront fees. It is essential, however, to take early action to avoid missing vital legal deadlines. Contact the firm now to schedule a consultation.

Read More
Justice Starts Here
FAQs

Mass tort litigation can take months or even years to resolve. Several factors may determine the length of time it takes to resolve a claim, including the size and complexity of the litigation. The best way to determine the timeline in a mass tort case is by consulting with an attorney as early in the process as possible.

While we aim to resolve cases as quickly as possible, some cases can take months or even years before clients are compensated. An attorney can help determine when you will receive compensation and the total amount of the payout. 

A class action lawsuit groups similar cases into one lawsuit. One plaintiff or a small group of plaintiffs represents the class. Compensation is then paid to members of the group, usually on an equal basis. Mass torts, on the other hand, involve individual lawsuits that are consolidated. The lawsuits may involve the same defendant or group of defendants and similar injuries; however, each case is evaluated separately.

A mass tort lawsuit refers to a group of claims that are filed separately involving plaintiffs who were harmed by the same product, preventable disaster, or misconduct. The cases are evaluated independently and compensation is awarded based on the individual circumstances of the claim.

Due to the complex nature of mass tort litigation, it is strongly recommended that victims or survivors consult with an experienced mass tort lawyer before filing a claim.

Bellwether trials are test cases in mass tort litigation or an MDL. They are determined by a judge and are some of the first cases in the litigation process. They help to determine potential outcomes for future cases; however, they are meant to be representative and not definitive. This means that an unfavorable outcome in a bellwether trial does not mean that similar cases will not be successful in front of a different jury or at a later date.

Mass tort attorneys generally accept cases on a contingency fee basis, meaning there are no upfront costs or fees. An attorney can provide guidance on how attorneys' fees are paid from a percentage of the recovery if the case is successful.

The best way to determine whether a situation qualifies as a mass tort is by consulting with an attorney. A mass tort litigation attorney can walk you through the legal process and help to assess eligibility.

Mass tort lawsuits differ from class actions in that not everyone receives the same settlement. Settlements in mass tort lawsuits are usually determined by the individual circumstances of the claim, including the severity of the harm.

Determining the potential value of a mass tort claim can be challenging without the help of a qualified lawyer. An attorney can review the facts of the case to help provide an accurate estimate of what a future payout or settlement amount will be.

Damages in a mass tort case may include compensation for economic and non-economic losses. These include recovery for medical expenses, future care and treatment, lost wages, and pain and suffering.

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