What is a Mass Tort Lawsuit?
Mass torts allow lawyers to try several test cases and use their judgments to propose settlement structures for other individual suits.
Mass Tort Versus Class Action
Unlike class action lawsuits where plaintiffs (for example, victims of defective hernia mesh) share court-ordered awards equally, mass torts recognize that the extent of injuries from these products can vary greatly. Mass torts allow lawyers to try several test cases and use their judgments to propose settlement structures for other individual suits.
An individual pursuing a case through a mass tort will then have the ability to accept a settlement offer or proceed to their own trial. There is individual control. Members of a class action lawsuit are bound by the Court-approved settlement or decision. Mass tort actions recognize that a “one-size-fits-all” approach doesn’t always work best for everyone involved. Yet they use the power of many plaintiffs to achieve customized and personalized results.
Mass tort actions are also generally funded through contingency fees which help to facilitate participation by people who may not be able to pay for legal services up front or out of pocket before a decision or settlement provides an award.
Talk to a Product Liability Lawyer
Even if one or more of the above situations apply, a product liability lawyer who is knowledgeable about hernia mesh cases can explain exceptions that may apply.