What is the Difference Between a Mass Tort and a Class Action Lawsuit?

Class Action Lawsuits vs. Mass Tort Litigation

The terms “class action” and “mass tort” or mass action” are used frequently when discussing large group litigations. But what are the distinctions between the two? A class action lawsuit and mass tort both involve many plaintiffs with similar complaints against a common defendant. However, these actions proceed differently in court. A mass tort or class action may be more appropriate, depending on the type of litigation.

The product liability attorneys at Parker Waichman LLP have decades of experience representing clients in class action lawsuits and mass torts. The firm continues to offer free legal consultations to individuals with questions about filing a product liability or personal injury lawsuit.

A class action lawsuit represents numerous plaintiffs (referred to as the “class”) who were allegedly injured or wronged by a common defendant in the same way. A class representative represents all members of the class. One complaint is filed for the class, and members of the class are essentially treated as one plaintiff.

In a mass tort, many individual lawsuits with common questions of fact are grouped together, but the plaintiffs are treated separately. Mass torts are often used for lawsuits involving drug and medical device injuries, drug and medical device recalls and major catastrophes. Although plaintiffs in a mass tort share some common allegations, typically claiming they were injured by a common defendant in the same way, the severity of the injury may vary between plaintiffs.

In the federal system, mass torts often proceed as a multidistrict litigation (MDL). MDLs are established by the U.S. Judicial Panel on Multidistrict Litigation (JPML). Consolidating cases into an MDL transfers them into one court before one judge, making the legal process more efficient and conserving court resources. Creating an MDL makes the process move along more quickly than if cases were processed individually. When lawsuits are consolidated into an MDL, for example, a witness only needs to give one testimony that applies to all cases. The discovery and judicial rulings would also proceed in this manner.

Class action lawsuits and mass torts are not mutually exclusive legal actions. In other words, some people may choose to pursue a class action lawsuit while others decide to file individual claims for a similar issue. For example, most lawsuits filed over Bayer’s Essure sterilization device were filed individually. However, court records also show that a separate class action lawsuit was filed on behalf of 94 women using Essure in December 2016.

Examples of Class Action Lawsuits, Mass Torts

Class action lawsuits are often filed for defective consumer products. For example, a class action lawsuit was filed against the Honest Company over its “natural” label. The suit alleges that the company mislabels its products as “natural” despite using artificial or synthetic ingredients. The class action alleges false advertising with regards to certain products, including Honest Hand Soap, Honest Dish Soap, Honest Diapers, Honest Multi-Surface Cleaner and Honest Sunscreen.

The Honest Company class action lawsuit also alleges that its Honest Sunscreen does not work effectively, failing to protect children from sunburns. Since this is a separate allegation, the plaintiffs seek for the class action to represent two classes.

MDLs are often used for drug injury litigation. For example, federal lawsuits filed over the blood thinner Xarelto have been consolidated into an MDL before U.S. District Judge Eldon Fallon in Louisiana. Lawsuits commonly allege that the anticoagulant caused excessive, uncontrollable bleeding such as gastrointestinal or brain hemorrhaging. Plaintiffs allege that the drug makers, Bayer and Johnson & Johnson’s Janssen unit, failed to warn patients and their physicians about the lack of an antidote to reverse the drug’s blood-thinning effects. Lawsuits point out that effective methods exist to stop excessive bleeding in patients taking warfarin, an older anticoagulant.

Transvaginal mesh lawsuits have also been consolidated into an MDL before Judge Joseph R. Goodwin in the U.S. District Court for the Southern District of West Virginia. Several MDLs have been created for various device makers. Plaintiffs similarly allege that the pelvic mesh was defectively designed and caused serious injuries, such as mesh erosion (where the mesh moves through the tissues of the vagina). Some plaintiffs allege undergoing multiple surgeries to remove the mesh.

Questions about Mass Tort or Class Action Lawsuit?

If you or someone you know is interested in filing a consumer fraud class action lawsuit or an individual lawsuit, contact Parker Waichman today. Our experienced product liability attorneys offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).

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