Mass torts are a legal practice area that deals with cases where multiple plaintiffs have suffered harm or injury from the same source, usually a corporation, manufacturer, or other entity. These cases often involve significant numbers of plaintiffs who are individually pursuing legal action for personal harm, but the cases share common elements, such as a similar defect in a product, an environmental hazard, or a pharmaceutical drug with dangerous side effects.  Unlike class action lawsuits, mass torts involve separate plaintiffs with individual injuries that are consolidated for efficiency in handling.

Gunn | Slater attorneys have mass tort experience against the following products/drugs:

Transvaginal mesh

Implantable birth control

Hip and knee implants

Weight loss drugs

Sleep apnea devices

Herbicides

Chemotherapy drugs

Hair relaxers

Ear plugs used in the military

Mass tort cases typically involve complex litigation, especially when they are consolidated into what is known as Multidistrict Litigation (MDL). An MDL is a procedure used by the federal court system to handle cases that share common factual issues, often related to defective products or mass injury. It allows multiple cases to be coordinated under a single federal judge for pretrial purposes, streamlining the legal process and reducing the burden on the courts.

Here is an overview of how MDLs are typically handled:

Consolidation: The first step is the consolidation of all related cases in a single federal district court, which is often chosen by the Judicial Panel on Multidistrict Litigation (JPML). The JPML is responsible for determining where the cases should be centralized. Typically, the cases are centralized in a jurisdiction that is well-equipped to handle complex litigation.

Pretrial Coordination: Once cases are consolidated, the MDL judge oversees the discovery process. This involves a single set of pretrial proceedings, including depositions, interrogatories, and requests for documents, which apply to all plaintiffs. The goal is to gather evidence that applies to all the plaintiffs, as opposed to conducting separate discovery for each case.

Bellwether Trials: In some mass tort cases, a group of representative cases (called bellwether cases) is selected to go to trial first. The outcome of these trials may serve as a bellwether (a signal) for how other cases may be resolved. Although bellwether trials are not binding on other plaintiffs, they provide critical insight into how juries may perceive the evidence and the claims.

Settlement or Transfer: After pretrial procedures, the cases may be settled, or some cases may go to trial. If a settlement is reached, it is typically negotiated by the attorneys for all plaintiffs and defendants. However, many cases will continue to trial if a settlement cannot be agreed upon. Once the MDL judge handles pretrial activities, the individual cases may be remanded and sent back to their original jurisdictions for trial, unless the case is resolved through settlement.

Effectiveness of MDLs: MDLs serve the dual purpose of consolidating complex cases for efficiency and allowing individual plaintiffs to maintain their own lawsuits. MDLs are not a class action, and each plaintiff’s case remains separate. The MDL procedure ensures that plaintiffs can benefit from the shared evidence and legal strategies of the other cases, increasing the chances of a favorable resolution.

Why You Need an Experienced, Compassionate Attorney

Handling a mass tort case is a complex, daunting task that involves multiple parties, a significant volume of evidence, and the intricacies of MDL procedures. For individuals seeking justice and compensation for injuries or harm, it is essential to have an attorney with the knowledge, experience, and compassion to guide them through the process. Gunn | Slater is that law firm.

Here are the reasons why an experienced, compassionate attorney is crucial in mass tort cases:

Expertise in Complex Litigation

Mass tort cases often involve intricate legal and factual issues. Attorneys with experience in mass tort litigation understand the laws and regulations that apply. We are also familiar with the MDL process, ensuring that our clients’ interests are well-represented throughout the litigation. An experienced law firm such as Gunn | Slater can navigate the many complexities of MDLs, bellwether trials, and discovery to help secure the best possible outcome for our clients.

Dedicated Advocacy

In mass tort cases, many plaintiffs may feel lost or overlooked due to the large number of individuals involved. Compassionate attorneys like those at Gunn | Slater provide individualized attention, making sure that each client’s needs and experiences are considered. By listening closely to your story, we can advocate effectively for fair compensation based on the extent of harm caused.

Moreover, we are dedicated to helping our clients cope with the emotional and physical toll that these lawsuits can take. Mass torts often involve significant suffering, particularly in cases involving severe illness or injury. We understand the hardships that our clients face and will be invaluable allies in the litigation process.

Guidance Through Settlement and Trial

In many mass torts, settlement discussions are complex and involve careful negotiation. Experienced attorneys know how to assess whether a settlement offer is fair, or whether it is worth pursuing further legal action. We will provide clear guidance on the pros and cons of settling versus going to trial, considering our client’s specific circumstances and goals.

Support and Communication

Mass tort cases can be long and stressful. Having an attorney who communicates effectively can provide much-needed reassurance. From answering questions about the MDL process to providing updates on the progress of the case, Gunn | Slater will ensure that our clients are not left in the dark. We will explain the steps of the litigation process in a way that is easy to understand, helping our clients manage their expectations while remaining hopeful.

Why Do Mass Tort Cases Take So Long?

Several factors contribute to the length of time it takes to resolve mass tort cases, and understanding these factors can provide clarity for clients and those involved in these cases.

Large Volume of Cases: Mass torts typically involve numerous plaintiffs who have been harmed in similar ways by a common defendant or product. When hundreds or even thousands of individuals are involved, the sheer volume of claims can create a significant backlog. Each plaintiff’s case, even though they share common elements, must be considered individually. This requires extensive research, document review, and coordination. The need to review and analyze each case’s unique facts, medical records, and damages calculations can extend the timeline significantly.

The Discovery Process: Discovery is the process where both sides of a lawsuit gather information, take depositions, and request documents to support their claims. In mass torts, the discovery phase can be particularly lengthy because of the number of plaintiffs and the volume of information that must be reviewed. Attorneys need to gather evidence not only for each individual case but also for the shared aspects of the tort—such as the defects in a product or the risks associated with a pharmaceutical drug. The discovery process may include the review of extensive expert testimony, medical records, and other complicated documentation, all of which takes time.

Bellwether Trials and Settlements: In many mass tort cases, a few representative or “bellwether” cases are selected to go to trial first. These trials serve as “test cases” that help both plaintiffs and defendants gauge the likely outcome of other cases in the litigation. Bellwether trials require careful preparation and can take months to plan, as they involve extensive legal research and evidence gathering. Additionally, the settlement negotiations for a mass tort case often require lengthy discussions, as the parties involved must agree on compensation for a large number of plaintiffs. Negotiating a fair settlement for thousands of individuals requires careful deliberation and can be a drawn-out process.

Complex Legal Issues: Mass tort cases often involve complex legal questions, including whether the defendant was negligent, whether there was a design defect in a product, or whether the defendant violated any laws in the process of manufacturing or distributing a product. Legal precedents must be researched, motions filed, and rulings made that can take time. Additionally, these cases may involve experts who need to be consulted on issues like medical causation or environmental impacts, which also slows down the pace of the case.

Attorneys are Working Hard to Expedite the Process

While it’s true that mass tort cases can take years to resolve, it is essential to recognize the hard work and dedication of the attorneys handling these cases. Here’s how the attorneys and staff at Gunn | Slater work diligently to handle our cases as efficiently as possible:

Organizing and Coordinating Cases: Attorneys in mass tort cases often coordinate efforts to ensure that the cases are managed in the most efficient way possible. They may work in collaboration with other attorneys involved in the MDL to streamline the discovery process and avoid redundant work. This collective approach helps speed up the legal process for all plaintiffs involved.

Negotiating Settlements: One of the primary goals for mass tort attorneys is to negotiate fair and reasonable settlements for their clients. Attorneys work tirelessly to ensure that settlement offers reflect the true extent of each plaintiff’s injuries and damages. However, because settlement negotiations often involve multiple parties and can be complicated by the number of plaintiffs, they can take time. Even when settlement discussions are ongoing, attorneys are working hard behind the scenes to push for the best possible deal.

Filing Motions and Responses: Attorneys actively work to move the case forward by filing necessary motions, responding to opposing parties’ motions, and attending hearings. This is especially critical in MDL cases, where the attorneys may be trying to push the judge for timely decisions on pretrial motions, discovery disputes, or procedural matters. Attorneys are working diligently to ensure that the case doesn’t stall at any step of the process.

Managing Complex Litigation: Attorneys handling mass tort cases are often required to manage vast amounts of complex litigation, including organizing voluminous amounts of evidence, expert testimony, and reports. They ensure that all deadlines are met, and that the plaintiffs’ cases are moving forward. This organization and management require immense dedication and effort, even if the process moves slowly.

Ongoing Communication with Plaintiffs: Throughout the long process of a mass tort case, attorneys ensure that their clients are updated on the status of the case and are informed about any developments. Although clients may have to wait for long periods, attorneys make it a priority to maintain communication, offer support, and answer questions whenever necessary.

Fighting for the Long-Term Best Interests of Plaintiffs: Despite the lengthy nature of mass tort cases, attorneys are constantly striving to ensure that the plaintiffs’ long-term interests are protected. This means not rushing to an early settlement that might not fully compensate clients for their medical bills, emotional pain, lost wages, or future needs. Mass tort attorneys know that time is needed to build a solid case, and they work tirelessly to ensure that plaintiffs are not shortchanged.

Call Gunn | Slater So We Can Help

Mass torts are an important legal area that allow individuals who have been harmed by the same source, such as a defective product or pharmaceutical, to seek justice. While these cases can be complex and involve many plaintiffs, MDLs provide a mechanism to efficiently handle these cases in a coordinated fashion. However, mass tort litigation presents significant challenges for plaintiffs, and having an experienced, compassionate attorney is crucial to navigating the process effectively. Whether negotiating settlements, representing clients in bellwether trials, or advocating for fair compensation, the attorneys at Gunn | Slater understand that mass torts are an invaluable resource in securing justice for our injured clients.