Mass Tort

When it comes to Mass Torts, Morgan & Morgan is experienced at handling and streamlining the complexities and substantial administrative details that are the hallmark of extensive, complicated multi-district actions. These cases can include some of the largest corporations in the country as defendants, multiple groups of lawyers, several jurisdictions, and billions of dollars. Following our Everywhere for Everyone mantra, our Mass Tort team is prepared and ready to take on referrals from anywhere in the country in the cases we are pursuing.

Recent Verdict

  • Gas Leak - Porter Ranch, CA - 2021
  • People vs Southern California Gas Co
  • Mike Morgan, Frank Petosa, Rena Rocha


Abbott Baby Formula
Baby Formula
Camp LeJeune
Exactech Joint Replacement
Hair Relaxers
Philips CPAP
Social Media Harm
Talcum Powder

The word “tort” describes a wrongful act causing harm. Torts can be accidental or intentional. Victims injured by a tort generally have legal recourse and could file a lawsuit to recover compensation for their injuries and losses. Most mass torts are filed at the federal level.

A mass tort can arise when a wrongful action or negligence causes harm to many individuals who all have a claim against one defendant, often a business or corporation. 

Mass torts often deal with dangerous medications, faulty medical devices, and other defective products. A mass tort can arise, for example, when many hundreds or even thousands of individuals get hurt by the same prescription drug.

The Most Common Types of Mass Torts

According to the American Bar Association (ABA), mass torts can deal with various cases, ranging from airplane accidents to asbestos claims. However, some of the more common mass torts we see include:

The Benefits of Mass Torts

A mass tort can be an efficient way to sue as all cases are heard in a single court rather than as individual lawsuits in different courts around the country. Other benefits for plaintiffs include:

  • Plaintiffs’ attorneys can coordinate and pool their resources
  • Mass torts create publicity allowing more plaintiffs to come forward, strengthening the case 
  • Strength in numbers with many plaintiffs suffering injury and harm from a single event, drug, or device 
  • Even if the mass tort fails to settle, plaintiffs can use the evidence gathered to litigate their individual cases

The cons of a mass tort mainly affect the defendants as they may have to contend with significant negative publicity from a high-profile mass tort. Moreover, a mass tort is generally faster than regular litigation, which works to the defendant’s disadvantage. Large corporations with unlimited resources often try to prolong lawsuits indefinitely, hoping that plaintiffs and their attorneys run out of money. However, with a mass tort, this is unlikely.

Compensation Available in Mass Torts

To recover compensation in a mass tort, plaintiffs must prove that they used the drug or device in question and show evidence for their resulting injuries and losses. Depending on your client’s damages, they could potentially pursue compensation for:

  • Medical expenses
  • Lost income
  • Reduced earning capacity
  • Disability
  • Disfigurement
  • Pain and suffering
  • Emotional distress
  • Your client could also receive other damages depending on the nature and scope of  injury, age, and other case facts. 

The Differences Between Mass Torts and Class-Action Lawsuits

Mass torts and class actions both involve a group of plaintiffs harmed similarly by one defendant. However, there are some profound differences between the two.

Multidistrict Mass Tort Litigation

Mass torts can be litigated with “multidistrict litigation” (MDL). MDLs tend to occur after individuals suffering similar damages due to a company’s wrongdoing have already filed multiple lawsuits in federal court.

The judge overseeing an MDL generally appoints a group of attorneys (the plaintiffs’ steering committee) to conduct discovery on behalf of all harmed individuals. Additionally, a group of plaintiffs (called “Bellwether plaintiffs”) is appointed to represent the entire group of plaintiffs. An MDL can prove lengthy, costly and labor-intensive.

We Can Determine Whether an Individual Lawsuit or Mass Tort Is Beneficial 

Every individual’s circumstances are unique. Therefore, especially if your client suffered more extensive damages than the average plaintiff in the mass tort, your client could file a separate case from an ongoing mass tort. An individual lawsuit can have advantages as your client could seek specific damages. 

However, individual action can also have drawbacks. While it is generally up to you to decide which method of legal action to pursue, an experienced mass tort lawyer from our firm can advise you comprehensively after assessing your client’s individual case and circumstances.

Some Leading Mass Torts:

How We Could Help 

Morgan & Morgan’s experienced mass tort attorneys can help individuals seeking to hold a drug maker, medical device manufacturer, or other corporation accountable. We can:

  • Analyze your client’s medical reports to prove a link to the defective drug or product
  • Hire respected medical expert witnesses to testify on your client’s behalf
  • Complete the necessary paperwork and formalities to file your client’s lawsuit
  • Present your client’s case strongly at court
  • Fight for your client’s rights on a no-win-no-fee basis

What is more, when we take your client’s case, your client is represented by America’s largest personal injury firm with 24/7 access to our legal teams. Our determined attorneys have helped to secure more than $10 billion in damages for the injured over the last three decades. We never settle for less and always fight for the best possible outcome for your client, whether in an individual lawsuit or mass

Handling mass tort cases can take a lot of time, resources and energy. It's no wonder many plaintiff law firms choose to avoid them entirely, leading to thousands of mass tort cases left on the table every year. Which is why we make it easy for you to send us the mass tort cases that you can't handle. And of course, you get to share in the fees when a case is successfully resolved. 

Mass tort cases are among the most challenging to litigate. Most plaintiff law firms won’t have the resources, time, or energy to take them on, leading to thousands of Mass Tort cases left on the table every year. Each case that isn’t handled is a victim left without rightful justice, but Morgan & Morgan is uniquely capable of reaching success even in the most complicated mass tort situations. 

Size, experience, and manpower matter in mass torts. Morgan & Morgan has hundreds of attorneys and thousands of legal team members available who can handle a variety of practice areas. Our teams include experienced mass tort and MDL attorneys, investigators, expert witnesses, and support staff.

We make it easy for you to send us the Mass Tort cases that are outside of your scope. The victims gain an ally in their corner, the at-fault party is held accountable, and, of course, you get a fair share of the fees when a case is resolved successfully.

Attorney review by:
  • Michael Goetz

Michael Goetz joined Morgan & Morgan in 2002, where his practice focused on the prosecution of personal injury and wrongful death claims on behalf of individuals and consumer classes. He has represented hundreds of clients in cases involving automobile and premises liability, nursing home abuse and neglect, and environmental torts. Since 2008, Mr. Goetz has served as head of the Mass Tort Section of the Morgan & Morgan Complex Litigation Group.