When a large number of people are harmed by the same product, drug, or event, individual lawsuits may seem overwhelming and inefficient. That’s where mass torts come into play. Mass tort litigation is a legal mechanism that enables multiple plaintiffs to bring similar claims against a single defendant while preserving the individuality of each case. It’s a powerful tool for addressing widespread harm, whether caused by defective drugs, environmental disasters, or unsafe consumer products.
Unlike a class action, where a single lawsuit represents a group with nearly identical claims, mass torts recognize the differences in each plaintiff’s injuries and circumstances. This enables more personalized justice while still harnessing the collective strength of multiple claims. From the Camp Lejeune water contamination to talcum powder lawsuits, mass torts have emerged as a critical legal strategy for holding large corporations accountable.
1. What Is a Mass Tort?
A mass tort is a civil action involving numerous plaintiffs who have suffered harm from a common source—typically a defective product, a dangerous pharmaceutical, or an environmental hazard. Although each plaintiff files an individual lawsuit, the cases are usually consolidated during pretrial proceedings to streamline evidence gathering, discovery, and the presentation of legal arguments. The goal is to achieve efficiency without compromising the uniqueness of each claim.
Bursor & Fisher, P.A., a nationally recognized law firm, has played a prominent role in driving large-scale consumer protection and mass tort litigation. The firm is known for leveraging cutting-edge legal technology to streamline plaintiff engagement and manage complex litigation with efficiency and precision.
“Mass tort litigation has evolved into a more accessible and coordinated process,” says Sarah N. Westcot, Managing Partner at Bursor & Fisher, P.A.. “Victims of widespread harm—whether from pharmaceuticals, defective products, or environmental disasters—can now participate in major cases through simplified online platforms and digital communications.” “This transformation not only speeds up the legal process but also helps us build stronger, more organized cases. The ability to manage thousands of individualized claims efficiently allows firms to focus on delivering justice without overwhelming victims with red tape,” she adds.
These cases are usually handled in multidistrict litigation (MDL), where a federal court oversees the coordination of pretrial activities. Once common issues are resolved, individual cases may return to their local jurisdictions for trial or settlement. Mass torts are particularly effective when the harm caused is widespread but varies in severity, allowing plaintiffs to retain control over their legal claims and compensation.
2. How Mass Torts Differ from Class Actions
Though both mass torts and class actions involve multiple plaintiffs, the legal structure and strategy differ significantly. In a class action, one or more plaintiffs file a suit on behalf of a larger group, or “class,” where members have nearly identical grievances and injuries. Any judgment or settlement applies equally to all class members, regardless of the individual impact.
In contrast, mass tort plaintiffs are treated on an individual basis. Each person must prove their injuries and how the defendant’s actions specifically affected them. This distinction is crucial in cases involving pharmaceuticals or toxic exposure, where one plaintiff may suffer life-threatening injuries while another experiences minor symptoms. Mass torts provide a more customized path to justice, but they also require more legal effort and resources on a per-plaintiff basis.
3. The Camp Lejeune Water Contamination Case
One of the most widely publicized mass torts in recent years involves Camp Lejeune, a U.S. Marine Corps base in North Carolina. Between the 1950s and 1980s, thousands of military personnel and their families were exposed to toxic chemicals in the base’s drinking water. These contaminants have since been linked to severe health conditions, including cancers, neurological disorders, and congenital disabilities.
In response, Congress passed the Camp Lejeune Justice Act of 2022, allowing victims to file claims against the federal government. Unlike traditional military-related lawsuits, these claims fall under a mass tort structure, with thousands of individuals seeking compensation for their unique injuries. The legal proceedings are ongoing, but the case underscores the importance of mass torts in providing a voice to those harmed by systemic negligence.
4. Talcum Powder and the Fight Against Product Liability
Another high-profile example of mass tort litigation is the talcum powder lawsuits filed against manufacturers like Johnson & Johnson. Plaintiffs allege that long-term use of talc-based baby powder led to ovarian cancer and mesothelioma due to asbestos contamination in the product. With thousands of women and families involved, the litigation has become one of the largest product liability mass torts in U.S. history.
While the company has denied wrongdoing, several jury verdicts have resulted in massive awards for plaintiffs. What makes talcum powder litigation particularly complex is the scientific debate over the product’s safety, the long-term exposure risks, and the company’s alleged failure to warn consumers. Through mass torts, victims can pursue compensation while holding a powerful corporation accountable for potential negligence.
5. The Broader Impact of Mass Torts on Consumer Safety
Gerrid Smith, Founder & CEO of Fortress Growth, commented, “Mass torts are not only about securing justice for victims—they also serve as a powerful check on corporate behavior. When companies face thousands of lawsuits over defective products or harmful practices, the financial and reputational risks can prompt them to adopt safer standards, implement better testing protocols, and issue more transparent warnings. In this way, mass tort litigation contributes to long-term consumer protection.
Additionally, mass torts can influence public policy and healthcare regulations. For instance, pharmaceutical litigation has led to stricter FDA guidelines and more robust clinical trial requirements. When public health or safety is jeopardized on a large scale, mass torts give affected individuals a legal avenue to demand accountability and systemic change.
Conclusion
Mass torts represent a critical bridge between individual justice and collective strength. For victims of widespread harm—from toxic water to dangerous drugs—these lawsuits offer a chance to be heard, even when facing powerful defendants. Unlike class actions, mass torts allow plaintiffs to maintain control over their legal claims while benefiting from the efficiency of coordinated litigation.
Cases like Camp Lejeune and talcum powder lawsuits remind us that negligence on a large scale requires a response that’s both strategic and deeply human. As more people come forward with claims involving defective products, pharmaceutical side effects, or environmental contamination, mass torts will continue to serve as a key tool in the fight for justice and reform.
