What You Need to Know About Mass Tort Lawsuits

What You Need to Know About Mass Tort Lawsuits
Calendar icon March 3, 2021 | Reading Time: 4 min

You have probably heard about mass torts. They are complex and require dedication, time and skilled attorneys, but they are worth the fight.

Some businesses and companies breach a basic duty of care against numerous people. Such cases usually happen when a pharmaceutical company failed to warn the users of medicine they made about potential side effects that may damage the health.

Mass torts can be intentional and unintentional and should be solved in litigation so they won’t happen in the future.

If you believe that you have a case for a mass tort, seek help from a skilled New York attorney. 

Class Action Lawsuit and Mass Tort Lawsuit

Class action lawsuits and mass tort litigations are frequently used mutually but they are two different types of lawsuits.

  • Tort Law – This is when someone causes you harm or violates you. Torts can apply for physical, mental or property damages and injuries by someone else. Not every tort is a criminal offence, but this doesn’t mean you don’t deserve justice.
  • Mass Tort Law – Mass tort litigation is when a person who commits a tort (tortfeasor) has injured several people. The victims join forces against the offender instead to file individual lawsuits.

In mass tort litigations, every person is treated as individual fighting against the matter. Each person was somehow harmed by the defendant, but the injuries might not be the same.

The plaintiffs in mass tort litigation go to court together, even though they have different disputes with the defendant.

Let’s say a factory didn’t get suitable filters to save money, so they just decided to dump toxic waste into a clean and drinking water (where an entire town gets drinking water from), which later made the whole town sick.

Mass tort cases are a new thing and began in the 1960s when lawyers started taking them to court to fight for people injured in aeroplane crashes.

Class Action Law

Class action lawsuit although very similar to mass tort, it’s not the same. This is a bigger group of people who’ve been equally injured by the defendant. In such a case, the defendant gets one lawsuit, instead of several. One person acts as a group representative.

Let’s see it through an example with the toxic waste. If the toxic waste in the river made everyone in the town ill from the same illness, they could create a file a class-action lawsuit.

Class action lawsuits and mass tort lawsuits are made to shorten the time spent in court against one defendant.

Common Types of Mass Tort Lawsuit

These are the three main types of mass tort lawsuit:

  • Consumer Product Claims – They are used when a product is faulty in some way. The faultiness can cause harm to almost everyone who’s bought and used the product.
  • Environmental Claim – This is when a company has contaminated the environment (like the example above). Because of the contamination, people may get ill and die (and this doesn’t necessarily happen right away, but the symptoms may appear in several decades.
  • Pharmaceutical Claim – This is when a drug company is selling medicine that causes serious life-altering side effects, including death.

Key Elements for a Mass Tort Lawsuit

A mass tort lawsuit has key elements that are important to make a lawsuit against a company or business that hurt a large number of people. Here are the key elements:

  • Duty of Care – The mass tort lawsuit must prove that defendant in the civil case owes the plaintiffs a duty of care. For example, a pharmaceutical company releases as medicine that causes severe reactions or death. The company should sell medicine that makes you better, not worse and that’s their duty of care.
  • Breach of Duty of Care – You need to prove that the duty of care was breached. The pharmaceutical company breached its duty of care by selling the medication.
  • Causation – A successful lawsuit should include a clear line of causation. You have to prove that the medicine caused your sickness and that no other reason caused the side effects.
  • Injuries – You also have to prove that your injuries or sickness are real and that requires medical records. The records should be precisely noted by your doctor in your records (that the certain medicine is making you sick and causes the side effects; the doctor should specifically note every side effect).

Contact our office if you have any questions or believe that you have a case for a mass tort lawsuit.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

SHARE THIS ARTICLE

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.

    Arthur

  • We'd like to thank you for all the assistance and time you spent on our case. Your professionalism and honesty will always be appreciated. The staff was always courteous and we were always impressed with your accountability. Your passion and dedication will never be forgotten, nor will you.

    Sarah

  • Thank you for your time, effort, and hard work on my case. I appreciate your expertise and compassion. I never experienced what I went through and I would have been completely lost without you.

    Martha

  • This letter is to thank Ms. Diane D’Andrea, assistant to Mr. George Gridelli, Attny for all the hard work, dedication, and attentiveness she showed during the representation of my case. She was always cheerful and ready to help in whatever way she could. All messages left for Mr. Gridelli were always relayed and Mr. Gridelli always promptly returned our calls. She was a very competent assistant. Cellino Law has proven to be a model of what legal representation should be. Throughout the 6 ½ years of this case, I have heard many horror stories from people with “bad lawyer stories.” We consider ourselves to be very lucky to have chosen Cellino Law and will always recommend you to those looking for good, honest representation with a personal touch.

    Joseph

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore