Mass Tort

Mass Tort

Mass Tort

Mass torts aggregate large numbers of individual claims arising from a common source, typically pharmaceuticals, medical devices, chemical exposures, or defective products. Unlike class actions, each claim retains its individual identity and requires individual proof of exposure, causation, and damages.

Coordination occurs through federal multidistrict litigation, state consolidated proceedings, or informal case management.

Alternative Names:

Mass Tort Litigation, Aggregate Tort Litigation

Why it Matters?

The defining feature is that individualized causation prevents class treatment, so a defendant faces thousands of separate cases rather than one aggregate proceeding. That shapes everything: discovery is conducted once on general issues and repeatedly on case-specific ones, resolution happens through inventory deals rather than a single settlement, and the defendant's exposure depends as much on claim volume and screening quality as on the merits of any individual case.

Frequently Confused with

Related terms

Frequently asked questions

Why are mass torts not brought as class actions?

Why are mass torts not brought as class actions?

Because individualized questions of exposure, causation, and damages defeat predominance. Each claimant must prove their own use or exposure and their own injury.

How are mass torts coordinated?

How are mass torts coordinated?

Through federal multidistrict litigation for federal cases, state consolidated proceedings for state filings, and often informal coordination between the two tracks.