Mass tort
A mass tort is a set of many separate injury or damage lawsuits against the same company, often coordinated together, rather than one class action.
Also called: mass tort litigation, mass tort lawsuit, mass torts
A mass tort is a set of many separate injury or damage lawsuits against the same company, often coordinated together, rather than one class action.
What it means
A mass tort is a situation where many people file their own lawsuits over harm from the same product, drug, event or conduct. "Tort" means a civil wrong, such as a defective product or negligence, that causes harm.
The key difference from a class action is that each person is a separate plaintiff with their own claim, injuries and damages. In a class action, a few representatives act for everyone, and people who fit the class are included automatically unless they opt out. In a mass tort, you generally have to file your own case or sign up with a lawyer who does.
Because the cases overlap, federal mass torts are often grouped into a multidistrict litigation so that one judge can manage shared pretrial work. Settlements are often set up as programs, where each plaintiff's payment depends on their own injury and evidence, instead of a flat class payment.
What it means for you
Mass torts usually involve serious or varied injuries, such as side effects from a drug or a failed medical device. You are not included automatically, and there is typically no claim form to fill out on your own. Offers and payments move through your lawyer, and legal fees and case costs are usually taken from your award, so read the fee agreement before you sign. Be careful with websites that promise payouts for a mass tort. Some are advertising by law firms looking for clients, not court-run claim sites. A real class settlement has an official settlement website named in a court-approved notice.
Example
Say a medical device is linked to serious injuries, and thousands of patients each sue the maker. A federal court groups the cases before one judge. Years later, the company offers a settlement program. A patient with a severe, well-documented injury receives much more than one with a minor injury. That differs from a class action over a hidden fee, where everyone eligible gets the same flat amount.
FAQ
No. In a class action, representatives sue for the whole group, and people who fit the class are included automatically. In a mass tort, each injured person is a separate plaintiff with their own case, often coordinated with others in a multidistrict litigation.
Usually yes, because you would be a plaintiff in your own case. Mass tort lawyers typically work on contingency, meaning they are paid out of any recovery. Terms differ, so read the fee agreement carefully before signing.
Related terms
- 28 U.S.C. § 1407, multidistrict litigation (Cornell Legal Information Institute)
- About the Panel (Judicial Panel on Multidistrict Litigation, U.S. Courts)
- Fed. R. Civ. P. 23, Class Actions (Cornell Legal Information Institute)
- Managing Related Proposed Class Actions in Multidistrict Litigation (Federal Judicial Center, 2018)
Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.