masstort

Masstort, commonly written mass tort, refers to civil litigation in which a large number of plaintiffs allege injuries caused by the same product, action, or disaster. In a mass tort, claims are brought separately or consolidated for pretrial proceedings, rather than as a single class action with a representative plaintiff. This structure allows individual remedies and damages to be pursued while sharing common factual and legal issues.

Mass torts typically arise from defective drugs or medical devices, environmental contamination, or mass exposure to hazardous substances. Plaintiffs commonly assert theories such as negligence, strict liability, design defects, or breach of warranty. Defendants are usually manufacturers, distributors, or operators connected to the risky product or activity. The scale of the litigation can be vast, affecting thousands of claimants across jurisdictions.

Procedural coordination is a hallmark of large mass torts, especially in the United States. Multidistrict litigation (MDL) often gathers related cases in a single court to streamline discovery and pretrial rulings, while allowing individual cases to proceed toward resolution. Bellwether trials—representative, early cases—may help assess liability and damages and influence settlements. Even when many claims settle, each plaintiff’s damages are calculated separately.

Outcomes in mass torts range from global settlements to court verdicts awarding individualized damages. Settlement funds may be allocated based on expert assessments of exposure, injury severity, and other factors. Timeframes can be lengthy due to complex discovery, expert testimony, and the sheer volume of claimants. Mass torts have shaped modern product liability and damages assessment, highlighting the balance between efficient coordination and maintaining individual accountability.