Mass Tort Lawsuit

What Is a Mass Tort?

When a large number of people are injured by the same product or wrongful corporate action, they may file mass tort litigation. Mass torts occur when several plaintiffs with similar claims file individual lawsuits against one or more of the same defendants.

In mass tort litigation, unlike class action lawsuits, each individual plaintiff retains their own independent case and, if successful, has compensation tailored to their specific injuries.

For example, Wisner Baum is leading the toxic baby food litigation, where hundreds of individual lawsuits alleging children developed autism and/or ADHD after consuming certain baby food products, are consolidated in Northern California. Instead of having each baby food case go through a separate trial, the cases have been transferred into a single court to consolidate pretrial proceedings. 

The goal is to provide a fair and effective way to handle complex legal claims involving many people while ensuring that their individual rights are protected.

How Mass Torts Differ from Class Actions and MDLs

Frequently, legal terms like class action lawsuit, mass torts, and multidistrict litigation are used interchangeably despite having different meanings under the law. A lawyer, well-versed in mass tort cases, can help distinguish the differences between these types of cases or legal principles. They can also provide guidance on which legal options may be available based on the individual circumstances of a specific claim. 

Differences between class actions, multidistrict litigation, and mass torts:

• Class action lawsuits: In a class action lawsuit, one plaintiff or a small group of plaintiffs represents a class of plaintiffs in a single lawsuit. The class representative represents all plaintiffs in litigation, and if successful, compensation is distributed equally among class members. One of the largest class action lawsuits in history was filed against Big Tobacco and resulted in a $200 billion settlement.
• Multidistrict litigation: Multidistrict litigation (MDL) occurs when similar lawsuits are consolidated into one court. Unlike in a class action, plaintiffs retain their individual lawsuits, and compensation generally depends on factors such as the severity of the injury. A growing MDL has been filed out of the Northern District of California alleging that there are toxic heavy metals in baby food products sold nationwide.
• Mass torts: Mass tort is a legal term used when a large number of people suffer similar harm from a product or shared experience. Mass tort lawsuits are filed individually and evaluated on a case-by-case basis. Major toxic tort lawsuits include those filed against the manufacturers of Roundup and talcum powder products.

Legal Theories in Mass Tort Claims

When a defendant or group of defendants cause large scale harm, it may arise to a mass tort claim. The legal theories on which these claims are based, however, differ depending on the type of case. Although many times, a complaint will include multiple legal theories on which the claim is based. Three of the most common theories used in mass tort law include negligence, failure to warn, and breach of warranty. 

What is Negligence?

A common legal theory applied in mass tort cases is negligence. A defendant may be found negligent if they breached the duty of care owed to a person and that breach caused damages. Negligence is a reasonableness standard, meaning that a manufacturer or another potentially liable party must use reasonable care. When they fail to use reasonable care and a large number of people are injured, it may amount to a mass tort lawsuit. 

What is Failure to Warn?

Manufacturers have a duty to warn consumers about known defects, side effects, or potential for harm. When a manufacturer fails to warn consumers they may be held legally responsible. Failure to warn claims are most often used when there is a dangerous drug or defective product, but they can arise in other mass tort litigation, as well. In some cases, it may be uncovered that a corporation knew of the risk of harm and intentionally failed to warn consumers or hid the risk in order to protect their profits.

What is Breach of Warranty?

Consumer products sold in the United States are expected to be safe and effective. When they are not safe, effective, or fail to perform as expected it may rise to a breach of warranty claim. Warranties may be express or implied. Express warranties are those which are explicitly made by the manufacturer, whereas implied warranties include that it is fit for a particular purpose or it is reasonably fit for its intended use and purpose. When the harm caused by a breach of express or implied warranty extends to a large group of people, it may fall into the category of a mass tort. 

Mass Tort Examples & Case Types

The mass tort attorneys at Wisner Baum handle a wide range of cases, from claims against pharmaceutical companies for misrepresenting safety information or mislabeling to lawsuits against major airlines for failing to protect their passengers. Individuals who believe they have been harmed by a dangerous product or preventable disaster are encouraged to seek legal representation immediately by contacting Wisner Baum for a free case evaluation. 

Types of mass tort lawsuits Wisner Baum handles:

• Antipsychotics: Wisner Baum was the first law firm to file a breast cancer lawsuit against antipsychotic manufacturers alleging the defendants failed to adequately warn consumers about the risk of using antipsychotic drugs like Risperdal (risperidone), Invega (paliperidone), and Zyprexa (olanzapine). The lawsuits allege that these medications increase the risk of breast cancer in both men and women.
  
  Studies show that these drugs elevate prolactin levels, which may promote breast cancer cell growth. Individuals who took these medications and were subsequently diagnosed with breast cancer are encouraged to seek legal representation. Cases have been filed nationwide, including in California.
  
  Major pharmaceutical companies Johnson & Johnson, Eli Lilly, and Janssen Pharmaceuticals have all been named in these lawsuits alleging that they failed to adequately disclose safety risks associated with use of the drugs. It is important to discuss your rights with a mass tort lawyer as soon as possible if you or a loved one were diagnosed with breast cancer after taking one of these antipsychotic medications.

• Baby Food: Internal and independent testing confirms that a wide range of commercial baby food products contain elevated levels of toxic heavy metals. Wisner Baum represents over 8,000 families in baby food products liability lawsuits nationwide.
  
  A Congressional Report found that nearly all commercially available baby food products contained toxic levels of heavy metals, including lead, arsenic, cadmium, and mercury. Exposure to these heavy metals has been linked with an increased risk of developing ADHD, autism, and other developmental or behavioral disorders.
  
  Lawsuits accuse several baby food companies, including Gerber, Sprouts Organic, Walmart, and Beech-Nut of failing to warn parents about the dangers associated with consuming their products. The Congressional Report found that many of these companies had substandard policies when it came to testing for these heavy metals or using safer ingredients. Furthermore, legal documents allege that Gerber and other baby food manufacturers knowingly sold baby food products that were tainted with elevated levels of arsenic, lead, cadmium, and mercury.
  
  Parents of children who have been diagnosed with a neurodevelopmental condition such as ADHD or autism after consuming baby food that potentially contained toxic levels of heavy metals are encouraged to contact Wisner Baum for a free consultation.

• Defective Medical Devices: Defective medical devices are responsible for thousands of injuries every year. Mass tort litigation lawyers at Wisner Baum have or continue to represent clients harmed by medical devices alleged to be dangerous, like spinal cord stimulators, IVC Filters, and more.
  
  The FDA issues over 1,000 medical device recalls every year. Unfortunately, in some cases, these defective devices can cause serious harm. Lawsuits allege that thousands of patients who received spinal cord stimulators have experienced burns, shocks, organ dysfunction, and even death. According to the FDA, over 107,000 complaints involving these devices were filed between 2016 and 2020 alone. 
  
  Lawsuits filed against the manufacturers allege that certain IVC filters are prone to breakage and complications. In some cases, fractured parts of the device can migrate and become lodged in critical organs. Litigation continues against Bard and other IVC manufacturers alleging that they knew or should have known about the dangers associated with the use of their devices and failed to warn consumers.
  
  A class I recall was issued for certain lots of the Philips Respironics CPAP machine after the foam used in the device could degrade and deteriorate. As a result of the deterioration, patients reportedly ingested or inhaled the PE-PUR particulate causing serious injury, including respiratory issues and an increased risk of cancer. As a result of litigation, the company agreed to a $1.1 billion settlement to resolve these cases.

• Wildfires: California wildfires cost billions of dollars in damage and leave thousands of people without homes. When these destructive fires are caused by the negligence of a utility company, that company must be held responsible.
  
  In January 2025, Altadena and surrounding Los Angeles communities were devastated by one of the state’s destructive wildfires. Flames swept through neighborhoods leaving little more than studs. In total, the fire would destroy over 9,000 structures. The Eaton fire would go down in history as one of California’s deadliest, leaving 19 people dead. Legal documents allege that the fire may have been caused by equipment owned and operated by SoCal Edison.
  
  The Eaton fire was not the first wildfire involving a utility company to cause devastation in the Golden State. In 2018, the Woolsey fire ripped through Malibu, California, leaving a path of devastation and destruction. Over 97,000 acres burned as a result of the flames. Again, legal documents allege the fire may have been linked to equipment owned by Southern California Edison.
  
  At the same time that the Woosley fire was burning near the Santa Susana Mountains, another fire erupted in Northern California. The Camp Fire would become the deadliest in California’s history, claiming the lives of 85 people. The fatal fire was eventually linked to poorly maintained power equipment owned and operated by Pacific Gas & Electric (PG&E). During legal proceedings, it was alleged that equipment owned by the utility company contributed to at least 10 wildfires in Central and Northern California.

• Depo-Provera: Research shows that women taking the birth control injectable Depo-Provera may be at an increased risk of developing brain tumors. Thousands of cases are currently pending in multidistrict litigation and state courts. Litigation is expected to continue to grow at both the state and federal level as more Depo-Provera patients come forward. The birth control shot has been linked with an increased risk of meningiomas, a type of brain tumor. It is alleged that the manufacturer of the injectable contraceptive knew about the risk and failed to warn consumers.
  
  Lawsuits allege that millions of women have used the progestin-only birth control shot since its 1992 FDA approval. Studies have suggested that long-term use of the shot may be associated with an increased risk of developing intracranial meningiomas, which can cause severe headaches, vision problems, seizures, loss of coordination, and more. Individuals affected by the drug are encouraged to contact Wisner Baum for a mass tort case evaluation in California or nationwide.

• Roundup (Glyphosate): Mass tort lawyers with Wisner Baum helped to secure over $10.9 billion in settlements on behalf of cancer victims in Roundup lawsuits nationwide. Wisner Baum managing partner, R. Brent Wisner, served as co-lead trial counsel in two of the first three Roundup lawsuits to go to trial, resulting in combined jury verdicts worth over $2.3 billion. 

The Los Angeles mass tort attorneys at Wisner Baum continue to fight for clients who have been injured by dangerous or defective products. We work tirelessly to hold negligent companies accountable, often serving on leadership and steering committees in some of the largest mass tort lawsuits in the country. Individuals harmed by a consumer product are encouraged to contact the firm for a free case evaluation.

How to File a Mass Tort Lawsuit: A Step-by-Step Process

Being injured by a defective product or a dangerous drug can be overwhelming. It can be difficult to know where to turn, particularly if you have been hospitalized or missed work as a result of the harm. The mass tort litigation attorneys at Wisner Baum have decades of experience guiding victims through the mass tort process. Each case begins with a free, no-obligation consultation to help determine the best course of legal action.

Steps to File a Mass Tort Lawsuit:

• Consult with a mass tort lawyer: The first step in a mass tort lawsuit is consulting with an attorney. A mass tort attorney can help determine eligibility for filing a lawsuit or joining existing litigation such as an MDL. Joining an MDL can help streamline the pre-trial process, while still allowing plaintiffs to receive individualized compensation. 
• Collect evidence: An attorney can help assess what evidence may strengthen an individual claim, including medical records, proof of purchase, employment records, or financial statements.
• Connecting cases: An important distinction in mass tort cases, is that an attorney must work to establish a connection between the cases. In the case of a defective medical device or dangerous drug, a mass tort litigation attorney may review reports filed with the FDA about adverse events. If there are consistencies between the cases or the types of harm experienced, it may rise to a mass tort lawsuit. 
• File the claim: With eligibility confirmed and evidence gathered, a mass tort attorney will file the claim in the appropriate jurisdiction or join existing litigation. It is important to begin the process as quickly as possible, as there may be strict legal deadlines that apply to the case.

Court & Pre-Trial Process:

• Type of case: Mass tort lawsuits may be filed in state or federal courts, however since there may be plaintiffs from across the country, many cases are consolidated at the federal level into multidistrict litigation if they meet certain criteria. An experienced mass tort litigation lawyer will be able to provide information on the best course of legal action, including the jurisdiction where the case should be filed. 
• Discovery phase: During the pre-trial process, the case will go through several phases, including the discovery phase. During the discovery phase, each party is entitled to review evidence. Depending on the type of litigation, the judge may set bellwether trials or test cases. 
• Reviewing records: In mass tort litigation, attorneys must review an inordinate amount of evidence, from medical records to a company’s internal communications. This can take months to subpoena, receive, and analyze the information. Throughout the discovery process, each side has the opportunity to request and review evidence that may be relevant to the case. The information may become critical during court proceedings. Plaintiffs in mass tort cases are encouraged to work closely with their attorneys to provide any requested information including a detailed copy of their medical records and any evidence of injury-related losses. 
• The court process: When a mass tort case is consolidated into multidistrict litigation, it is a multi-step process. An MDL helps to streamline the pre-trial process, but still allows each plaintiff to receive compensation based on the individual circumstances of their case. After the discovery phase and pre-trial motions, the court may set bellwether trials. Bellwether trials are representative cases that help to determine how a judge or jury may decide a case. Bellwether trials are an important part of the MDL process, as they allow each side to see whether their argument may be successful and can heavily influence potential settlement decisions in the future.

Resolution:

• Settlement: Attorneys may also enter into settlement negotiations. Outcomes of bellwether trials can help influence the value of potential cases and determine whether plaintiffs should proceed through litigation or accept a settlement offer. 
• Resolving a case: If successful, mass tort litigation may be resolved through a settlement or jury verdict. It is important to note, however, that it may take years to resolve a lawsuit depending on its complexity. If a settlement agreement is reached or a favorable verdict is achieved at trial, a distribution schedule will be set to ensure plaintiffs receive the compensation that is owed to them based on the outcome of the case. 

Wisner Baum has over 40 years of experience holding companies accountable for negligence and wrongdoing. Mass tort litigation attorneys at the firm work hard to maximize compensation for clients, always fighting for the justice victims and survivors deserve.

Who Qualifies for a Mass Tort

One of the most common questions people have is whether they qualify for a mass tort. It can be challenging to sift through all of the information available on the internet to determine whether you meet the criteria necessary to file a legal claim against a manufacturer or other liable party. The best way to determine whether you qualify for a mass tort lawsuit is to consult with a leading attorney. At Wisner Baum our California mass tort lawyers offer a free initial case evaluation. 

Qualifications for a mass tort lawsuit may include:

• Actual losses: Individuals who suffered actual losses or damages from a dangerous drug or defective product may qualify for a mass tort lawsuit, depending on the individual circumstances of the case. In most instances, the plaintiff, through their attorney, must be able to show that they suffered some sort of harm such as an illness or injury from the product. 

• Proof of use or purchase: One of the key factors in a mass tort case is proving that you used or purchased the product. Providing copies of purchase receipts, product labeling, prescription information, and other evidence of use can help to establish the history necessary to move forward with the claim. 

• Statute of limitations: A legal barrier for some people will be if they do not file the lawsuit within the statute of limitations. A mass tort lawyer in Los Angeles can help provide information about what legal deadlines may apply in your case. 

• Case-specific requirements: In some instances, individuals may have to meet specific criteria to qualify such as age or gender requirements.

How to Prepare for a Mass Tort Claim

Individuals who have been harmed by a defective product or dangerous drug are often unsure of what to do first. Many times, they may not even realize what caused them harm or that they have a legal right to compensation. Working closely with a mass tort litigation lawyer can help to ensure that all legal requirements are met in a case and that the maximum recovery allowed under the law is received. 

Steps to prepare for a mass tort claim:

• Identify the harm: It is strongly recommended that individuals stay abreast of any recalls of consumer products that they use or drugs they take. Keep all product information including labels, purchase receipts, prescription information, and communications related to the item. 

• Seek medical attention: If you believe that a product or medication caused you harm, it is imperative to seek medical attention immediately. Prompt diagnosis and treatment is often critical to making a full recovery. Keep a detailed record of any medical visits or hospital stays. A journal of new or worsening symptoms is also recommended in order to show how the injury or illness progressed over time. 

• Consult with an experienced attorney: One of the most important decisions you will make throughout the process is which mass tort litigation law firm you work with. Hiring an inexperienced attorney may hurt your case or result in you receiving less than you deserve. Consulting an attorney as early in the process as possible is strongly encouraged and can help to ensure that all legal deadlines are met. 

• Be patient: It is important to know that mass tort cases are often complex and rarely resolve quickly. They can take months or even years to fully resolve. Working closely with an attorney can help to alleviate anxiety about what might be happening in the case and when to expect the case to conclude. Remember to not shy away from asking questions. You should feel comfortable and confident with the mass tort lawyer you hire. They will be essential to helping you make informed decisions about your case and guide you to get the best possible outcome for your claim. 

What You Need to Prove in a Mass Tort Case

Mass tort litigation often requires substantial evidence to help substantiate the case. Since each case is unique, consulting with an experienced attorney is the best way to determine what documents or other information are needed. 

Evidence generally required in a mass tort case:

• Proof of harm: Medical records or other documents showing that you experienced an injury or losses related to a dangerous product or wrongful conduct.
• Link between harm and act or omission: Evidence must establish what caused the injury. Documents may include proof of purchase of a defective product, evidence of exposure, or proof of presence at a catastrophic event.
• Proof of legal responsibility: Finally, evidence will need to show who was at fault or legally responsible for the injuries. A lawyer can help provide guidance about how the law decides if you are owed compensation. 

You may be wondering whether you need all of the above to qualify for a mass tort lawsuit. While receipts and documentation can strengthen your case, not having them does not necessarily disqualify you. We can work with other forms of evidence and expert testimony to establish your losses and the impact of your injuries. Our mass tort attorneys will guide you on how to best support your claim with the available evidence. 

Mass Tort Settlement Process

The mass tort settlement process can be complicated and lengthy. Often, the larger the case and the more plaintiffs that are involved the longer the process may take. However, a mass tort litigation lawyer can help to ensure that the case resolves as quickly and efficiently as possible given the individual circumstances of the claim. 

It is essential to remember that when a settlement is reached in a mass tort case it is not simply divided among the plaintiffs, each case receives individualized compensation based on the distribution  

Here is how the process generally plays out after a mass tort settlement agreement:

• Case assessment: First, each case is individually assessed. Plaintiffs are able to submit information through their attorney to ensure that they receive the recovery they deserve based on the severity of their case. 
• Tiered settlements: Once a settlement agreement has been reached, an administrator may review the claims and create a tiered structure for how the settlement funds will be distributed. Factors such as severity of the injury, duration of use, and impact to the person’s quality of life may determined what tier you are placed in.
• Attorneys fees: In most cases, mass tort lawsuits are accepted on a contingency fee basis, meaning there are no fees paid upfront and the attorney only receives payment if the plaintiff wins. 

How Much Are Mass Tort Settlements Worth?

There is no “one-size-fits-all” settlement in a mass tort case. Mass tort settlements are determined on a case-by-case basis and may vary significantly depending on the type of harm suffered, severity of the injury, medical expenses, cost of future treatment, lost wages, and diminished quality of life.

Unlike class action lawsuits, mass tort litigation involves individual claims and not group payouts; therefore, compensation is assessed separately for each case. Factors including the results of bellwether trials, the strength and presence of expert testimony, and the amount of provable damages may all determine the potential value of a claim. 

In every case, the mass tort lawyers at Wisner Baum work to maximize recovery for each client, ensuring they receive full and fair compensation based on the circumstances of their claim. 

Why Choose Wisner Baum for Mass Tort Cases?

Wisner Baum is a leader in mass tort cases and complex multidistrict litigation. The firm has helped to secure over $4 billion for clients nationwide and works tirelessly to ensure justice is served in every case. 

Why hire Wisner Baum for a mass tort case?

• Decades of Experience: The firm has decades of experience representing victims and survivors of mass tort cases throughout the US. We have secured billions of dollars for clients in national cases, including aviation accidents, dangerous drug lawsuits, and defective medical devices.
• Unparalleled Resources: Wisner Baum has unparalleled access to expert witnesses and legal resources. The firm is trial-ready, having fought and won numerous high-profile cases over the last 40 years.
• Nationwide Leaders in Mass Tort Litigation: Wisner Baum is not a case volume law firm; when we take on a mass tort, we want to be the leaders in the litigation. By serving on the plaintiff’s leadership and getting cases in front of juries, we believe we are giving our clients the best possible chance at a successful outcome. 
• Client-Focused Representation: Mass tort lawyers at Wisner Baum are client-focused, giving personalized attention to every case. We are compassionate advocates dedicated to holding companies accountable for their wrongdoing.
• Trial Ready: If settlement negotiations don’t work, we won’t hesitate to take cases to court. We will always fight for full and fair compensation for our clients, no matter the corporate opponent. 
• Transparent Communication: Wisner Baum is committed to providing transparency in all communications, including when it comes to fees. The firm proudly represents clients on a contingency fee basis, meaning there are no fees unless you win. 

Contact a Mass Tort Litigation Attorney Today

If you or a loved one was injured by a dangerous product or as a result of a company’s wrongdoing, contact Wisner Baum for a free mass tort case evaluation today. There is no obligation to retain the firm’s services. Cases are accepted on a contingency fee basis, meaning there are no upfront fees. It is essential, however, to take early action to avoid missing vital legal deadlines. Contact the firm now to schedule a consultation.