Class Actions and Mass Torts

A class action is a legal device used to efficiently litigate a lawsuit in which a large number of people have incurred damages by another person or business’s wrongful or fraudulent actions. In a class action, one or several named plaintiffs stand in for the entire class of people who suffered a similar harm. The class action lawyers at Wieand Parker Arreola, PLLC, seek justice for people who were harmed by torts committed by large corporations.

In many cases, the damages to each aggrieved individual are too small to warrant the significant time and expense associated with filing a lawsuit. Therefore, without the class action tool, a single individual’s claim would be stymied by expensive court costs and an aggressive defense mounted by the corporation’s defense lawyers.

What Is a Mass Tort?

A mass tort is a civil action in which many individuals bring similar claims against one or more defendants, but unlike a class action, each plaintiff files an individual lawsuit and retains control over their own case. Mass torts typically arise when a large number of people are harmed by the same product, drug, medical device, or environmental event, but the severity of each person’s injuries, medical treatment, and damages differs significantly from one plaintiff to the next. Common examples of mass torts include:

• Dangerous or defective pharmaceutical drugs
• Defective medical devices, such as hip implants or surgical mesh
• Environmental contamination and toxic exposure, such as contaminated water supplies or cancer clusters
• Large-scale industrial accidents, explosions, or disasters

Because the injuries involved in a mass tort vary so widely from person to person, individual cases are frequently coordinated through multidistrict litigation (MDL) or a state mass tort program, which allows related cases to be managed by a single court for discovery and pretrial proceedings, while still preserving each plaintiff’s right to an individual trial and an individualized recovery.

Class Action vs. Mass Tort: What is the Difference?

Although class actions and mass torts both allow numerous injured people to pursue claims against the same defendant, they work very differently:

• How the case is structured. In a class action, one or a few named plaintiffs represent an entire class, and the outcome of the case applies to the class as a whole. In a mass tort, each plaintiff files their own individual lawsuit, which is coordinated with similar cases for efficiency but decided or settled on its own merits.
• Individual damages. Class actions generally work best when class members suffered similar, often smaller, financial damages that can be calculated using a common formula. Mass torts are typically used when plaintiffs suffered serious personal injuries, such as illness, disability, or death, that must be evaluated and compensated individually.
• Your role in the case. In a class action, you are usually included automatically unless you opt out, and you have limited control over the litigation. In a mass tort, you remain an individual party to your own lawsuit, with your own attorney-client relationship, even while your case is coordinated with others.
• Recovery. Class action settlements are usually divided among class members using a set formula or claims process. Mass tort settlements or verdicts are based on the specific facts, injuries, and damages of each individual plaintiff’s case.

Because the right approach depends heavily on the type of harm involved and the number of people affected, it is important to speak with an experienced attorney to determine whether your claim is better suited to a class action or a mass tort.

Class action lawsuits often involve defective products, consumer fraud, financial securities and environmental catastrophes. For example, some common class action lawsuits include matters involving the following:

• Price-fixing of services or commodities,
• Oil spills,
• Fraudulent stock manipulation,
• False advertising,
• Defective products, and
• Employment matters such as wage laws.

As a class member, upon successful resolution of the claim, you may recover compensation for damages or losses you have incurred as the result of a corporation’s wrongful conduct.

Prerequisites of a Class Action Lawsuit

Rule 23 of the Federal Rules of Civil Procedure sets forth the prerequisites to filing a class action lawsuit. Four elements that must be met include:

• Numerous plaintiffs;
• Common questions of law or fact;
• Claims of the plaintiffs are typical of the class; and
• The representative parties will protect the interests of the class.

How do I Join a Class Action?

Usually, members of a class action will be joined automatically and action is only required if you want to opt out from the class. However, in some instances, class actions can be filed as “opt-in” and you may need to submit a request to join. If you have questions about how to join a specific class action you can contact counsel representing the named plaintiffs to discuss your rights.

Why have Class Actions Gotten a Bad Rap?

Mega-corporations and lobbying groups have tried to undermine class actions by setting forth the image that the lawyers are the only “real winners” in a class action suit. This is part of a long effort by big business and the insurance industry to dismantle a person’s right to a civil jury trial which is guaranteed under the 7th Amendment to the Bill of Rights.

The truth is that before a settlement occurs, it will be carefully examined by the court to determine if it is fair and just. The judge presiding over the case must give the class notice of any settlement, provide class members an opportunity to voice their opinions and object to the settlement, and approve the amount of attorneys’ fees (which is usually determined by time and expenses spent on litigation and must be fair and reasonable) before a class action settlement may occur.

Without class actions lawsuits, big business would essentially become immune from liability for many types of wrongful conduct. Citizens would no longer have the ability to protect and safeguard their rights through the civil justice system, and people would be unable to seek recourse for damages they have incurred through the business misconduct.

Need a Class Action or Mass Tort Attorney? Call Wieand Parker Arreola, PLLC,

If you think you were the victim of deceitful business practices, purchased a defective product, or were seriously injured by a dangerous drug, medical device, or environmental hazard shared by many others, and would like to investigate a potential claim, call the Wieand Parker Arreola, PLLC, at  (215) 666-7777 or fill out a description of your claim in the online form.

Disclosure: This website and is intended for information purposes only. This summary of class actions does not create an attorney-client relationship nor does it constitute specific legal advice. You should consult with an attorney if you have questions regarding a class action lawsuit.

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