Harlene Labrum | November 22, 2024 | Personal Injury
What Is the Difference Between Mass Tort and Class Action Lawsuits?
Certain events result in injuries to large groups of people, leading to numerous legal cases that involve proving the same facts repeatedly. To prevent this inefficiency and conserve judicial resources, the legal system has created mechanisms to consolidate or partially consolidate these cases. Two common approaches are mass tort cases and class action lawsuits.
Mass Tort Claims
Mass tort claims arise when numerous plaintiffs bring lawsuits against the same defendant or defendants for similar or related harms. Examples of situations that might lead to mass tort claims include:
- A defective prescription drug that harms many people
- A plane crash
- Defective medical devices, such as hip implants
- An oil spill
In mass tort cases, courts may consolidate certain procedures, such as pretrial discovery, to streamline the process for all plaintiffs. However, this consolidation is not guaranteed. What defines a mass tort claim is the large number of plaintiffs bringing similar claims against a small group of defendants.
Importantly, the term “mass tort” does not refer to a specific legal procedure, unlike “class action” or “multidistrict litigation” (MDL). Instead, it describes a type of legal claim similar to how “negligence claims” or “intentional torts” are categorized.
Mass Tort Claims and Multidistrict Litigation (MDL)
While class action lawsuits combine many cases into one, MDL is a procedural tool for managing large numbers of related cases. It’s particularly relevant to mass tort claims, as many are resolved through the MDL process.
In MDL, a U.S. District Court consolidates parts of cases—such as pretrial discovery—to handle them efficiently. Once the MDL phase concludes, the federal courts return the cases to their original state courts for resolution of individual issues specific to each plaintiff.
This distinction highlights the flexibility of mass tort claims, as they can be resolved through a variety of procedural approaches depending on the circumstances.
Class Action Lawsuits
In a class action lawsuit, a single representative plaintiff files a lawsuit against a defendant and they ask the court to certify the class based on common questions of fact or law. Defective products, including defective drugs, are common triggers for class action lawsuits, for example.
If the judge certifies the class, the court will notify each plaintiff and give them a chance to opt out of the class action. If they don’t, they will share in any compensation. If they do opt out, they will retain the right to file their own individual lawsuits.
In a Nutshell, What are the Main Differences?
The main difference between class actions and mass tort claims is that class actions consolidate all plaintiffs’ claims into a single case from beginning to end. In mass tort claims, each plaintiff is primarily responsible for their individual case. Additionally, “class action’ is a description of a legal procedure, while “mass tort” is simply the name of a type of claim. Moreover, mass torts often involve a smaller group of plaintiffs than class actions.
On a more practical note, mass torts are often more suited to plaintiffs with serious, life-altering injuries where individual needs vary greatly.
Typical Examples of Mass Tort Cases and Class Action Lawsuits
Both mass tort cases and class action lawsuits involve large groups of plaintiffs, but the types of claims and the procedures used to resolve them can differ significantly. Mass tort claims typically arise when a harmful event or product impacts many individuals, but each plaintiff maintains their own distinct case. Common examples include:
- Defective pharmaceuticals or medical devices
- Environmental disasters
- Aviation accidents
- Toxic exposure
Mass tort cases typically involve consolidated pretrial proceedings but maintain individual lawsuits for each plaintiff’s claim. Class actions, in contrast, involve consolidating numerous similar claims into a single lawsuit, which is then managed as one case. Common examples of class action lawsuits include:
- Consumer protection claims
- Securities fraud
- Employment discrimination
- Data breaches
- Environmental pollution
In class actions, the lawsuit is typically managed as a single case with a common legal claim and damages shared by the class members, although individual claims may be adjusted for personal losses.
Contact Our Personal Injury Lawyers in Nashville If You Are Considering Filing a Claim for a Torn Labrum
You’ll definitely need a lawyer to maximize your chances of victory in a mass tort lawsuit or a class action lawsuit in Tennessee. Labrum Law Firm Personal Injury Lawyers is a personal injury law firm local to Nashville that will fight hard to get you 100% of the compensation you deserve. Contact our team today to schedule a free consultation and discuss your situation.
For more information, please contact the Nashville personal injury law firm of Labrum Law Firm Personal Injury Lawyers to schedule a free consultation today.
Our firm is located near you. We have an office in Nashville and Brentwood, Tennessee.
Find us with our GeoCoordinates: 36.1660546,-86.7795518
Labrum Law Firm Personal Injury Lawyers – Nashville
315 Deaderick St, Suite 1525
Nashville, TN 37238
(615) 685-8546