What Is A Mass Tort?

September 17, 2024

I was asked a question recently by a non-lawyer friend that needs an answer. He asked: “What exactly is a mass tort?” I realized that a definition was in order for non-lawyers. But it could also benefit lawyers who don’t handle mass torts litigation. So here it goes. 


A mass tort occurs when many individuals are harmed by the same act or omission, leading to claims against the same defendant or defendants. These cases will also involve multiple plaintiffs. The cases can be combined into a class action or can be in multidistrict litigation (MDL).


Mass torts refer to the law governing large groups of claimants, while class actions are a process for handling these claims. Class members have little involvement and no decision-making power once they join the class. Lawyers are selected by trial judges to lead this type of litigation. Obviously, there is much more to it. We will explain in a little more detail. 


At the outset, there must have been some sort of wrongdoing by the defendant or defendants. Tort law allows victims to seek compensation for harm caused by negligence or wrongful acts. While some torts affect only a few people, mass torts impact many individuals. Sometimes there will be thousands affected by the same wrongful act or omission. So, let’s take a look at class actions and MDL cases. The following will give you a general understanding of the basic difference between a class action and an MDL. 


  • Class Actions: Plaintiffs are grouped into a single lawsuit with class representatives. There will be multiple class members. 
  • MDL: Similar cases are grouped together in one court, but they remain separate lawsuits. Each plaintiff must prove their individual case. However, many MDL cases are resolved as class actions.


Mass Torts include single-site, single-events, and what is labeled a dispersed mass tort. Product defects can involve various types of pharmaceuticals, including drugs and medical devices.


As stated above, mass tort cases are often resolved through an MDL, where cases are heard by one judge to streamline the process and avoid inconsistent verdicts. Committees of lawyers facilitate various processes for all cases in the MDL.

Source: Forbes

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Since the Paraquat lawsuits began in 2021, the amount of research and data demonstrating the link between Paraquat use and the number of Parkinson’s disease diagnoses is undeniable. Recently, a man in Washington filed a paraquat lawsuit for his toxic exposure to the herbicide. The plaintiff’s assertion focused on the effects of prolonged exposure by releasing toxins known as oxidative stress. Oxidative stress occurs when there is an increased level of “free radicals” in the body. This is concerning because the brain is especially susceptible to free radical damage since it does not rely on many antioxidant defenses but is dependent on oxygen consumption for proper function. Free radicals can be neutralized by antioxidants, but if left uncontrolled, this oxidative stress can lead to severe health problems. As a result, such brain damage leads to neurodegenerative disorders such as Parkinson’s disease. Based on the continuing research and studies, experts are uncovering the impact of Paraquat-induced oxidative stress over extended periods of time. This is especially dangerous for exposed individuals because the toxic herbicide further inhibits the flow of antioxidants and speeds up DNA cell damage. Even with the overwhelming amount of data that highlights the seemingly obvious link between Paraquat and its ban in over 60 countries, the sale of Paraquat still remains readily available in the state of California. The Environmental Protection Agency (EPA) continues to evaluate and reassess both the risks and benefits of Paraquat as its preliminary analysis grossly understands the harms caused by the herbicide. The public, farmworkers, and agricultural communities deserve the long-overdue protections, and they hope that the January 2025 EPA decision will completely ban Paraquat. Source: Earth Justice

Hair Relaxer Litigation Update

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Studies have shown users of hair relaxer products have a significantly increased risk of developing uterine, endometrial, and ovarian cancers. This serious health risk associated with these products has resulted in multiple lawsuits against the manufacturers of these products. The number of different products and different manufacturers involved in these lawsuits offers unique challenges compared to other pharmaceutical device or cosmetic cases. Currently, there are at least 16 different manufacturer defendants of the various hair relaxer products involved in litigation. These manufacturers include: Avlon Industries, Inc; Beauty Bell Enterprises, LLC; Dabur International Ltd. (“Dabur”); Dermoviva Skin Essentials, Inc. (“Dermoviva”); House of Cheatham LLC; L’Oréal USA; Luster Products, Inc.; McBride Research Laboratories, Inc.; Namasté Laboratories, LLC (“Namasté”); Revlon, Inc.; Sally Beauty Supply LLC (“Sally Beauty”); Strength of Nature LLC, Strength of Nature Global LLC (together “SON LLC”); Dudley Beauty Corp, LLC; Wella Operations US LLC; Bronner Brothers Inc.; John Paul Mitchell Systems; Murrays Worldwide Inc., RNA Corporation; and Roux Laboratories, just to name a few. Many victims of hair relaxer products have used multiple products over the years, which requires including more than one company in each lawsuit. When multiple companies are involved in lawsuits, the chance of delayed proceedings grows substantially. Delays often occur when some companies are less organized than others when producing paperwork and other evidence necessary for the prosecution of a case.  Companies can also slow the litigation process down when the coordination among them is not handled efficiently. These occurrences can certainly frustrate the pace of litigation. Therefore, we, the lawyers for the injured, must maintain pressure on these companies throughout the litigation process to ensure the best and quickest opportunity for case resolution.
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