This article was co-authored by Sommer D. Luther, Partner and Gladys P. Santana, Senior Counsel.

When it comes to large-scale litigation involving multiple plaintiffs, two common legal frameworks come into play: class actions and mass torts. While both involve groups of individuals seeking compensation for similar harms caused by a defendant, the legal processes, structures, and outcomes can differ significantly. One of the most common questions our clients ask is, “What is the difference between Mass Tort Actions and Class Actions?”. Ensuring clients understand the differences while helping them navigate the world of complex litigation is essential for effective representation, particularly for those who have been injured by large corporations and are inevitably thrust into the mass tort arena that, more often than not, is a foreign legal mechanism that clients are unfamiliar with.

What is a Class Action?

A class action is a type of lawsuit where a large group of individuals—referred to as the class—sues a defendant or group of defendants under a single legal claim. The class members share common legal issues, and the case is usually managed by one or a few representative plaintiffs. The chosen Plaintiff(s) stand in for the entire group. One of the defining features of a class action is that it consolidates the individual claims into a single case. If the case is successful, a single judgment is issued, and the members of the class typically receive compensation based on a pro-rata distribution, meaning the settlement or judgment is divided equally or according to some other formula that applies to all members of the class.

What is a Mass Tort?

In contrast, a mass tort involves multiple plaintiffs who have been harmed in a similar way, often by the same defendant, but each plaintiff's case is considered individually. While the cases are grouped together because of shared circumstances, such as a harmful product or environmental exposure, each claimant is entitled to pursue their case separately. Mass torts are generally managed through a multidistrict litigation (MDL) process, where cases from different jurisdictions are centralized in one court for pretrial proceedings. This centralized structure allows for streamlined handling of common issues, but each plaintiff still has the right to a separate trial or settlement process.

What are the Key Differences?

The key difference between class actions and mass torts lies in the legal treatment of the plaintiffs' claims. In a class action, the court certifies the class, and all individuals within that class are treated as a single entity. Once certified, the class action moves forward as one case or one unit.  Individual plaintiffs cannot opt out unless they are explicitly excluded. In a mass tort, however, each plaintiff's claim is treated independently, and the plaintiffs have more control over their individual cases, including the ability to settle or proceed to trial separately from the others in the mass tort group.

So why might a case be classified as a mass tort rather than a class action? Generally, the decision to pursue a mass tort rather than a class action comes down to the unique nature of each plaintiff's claim. For example, mass torts are often used when the harm experienced by each plaintiff is slightly different, such as in cases involving personal injury from defective drugs or medical devices. Each plaintiff may have a unique medical history or different level of injury, which makes it difficult or inappropriate to group their claims together under a single class action. In cases where individual assessment and compensation are essential, mass torts allow for greater flexibility and fairness in addressing the specific harm done to each plaintiff.

Another important factor in determining whether a case will proceed as a class action or mass tort is the commonality of the legal issues. Class actions are typically suited for cases where the legal question is uniform across all plaintiffs, such as in securities fraud or consumer protection cases. If the core legal issue (e.g., whether a company misrepresented a product) is the same for all plaintiffs, a class action may be the most efficient and effective means of seeking redress. Mass torts, on the other hand, are more appropriate when the legal issues are common but the facts surrounding each plaintiff's harm—such as the extent of injury, medical treatment, or damages—are distinct and need to be evaluated individually.

How We Can Help

At Wagstaff Law Firm, we pride ourselves on our extensive experience and expertise in handling complex multi-plaintiff litigation. Our dedicated team of attorneys is committed to securing justice for those harmed by defective products, dangerous drugs, and other large-scale issues that impact our communities and our well-being. We understand the intricacies of mass tort cases and class actions and are here to guide you every step of the way. We invite you to explore our website to learn more about the active cases we are currently involved in. If you believe you or a loved one has been injured, don't hesitate to contact us for a free consultation. Our team is ready to help you understand your rights and pursue the compensation you deserve.

About the Authors

Sommer D. Luther

Gladys P. Santana