Class Action vs. Mass Tort: Which Legal Path Is Right for Your Claim

by Elise M. Wilson and Marisa Aratangi

Class Actions vs. Mass Torts: Different Paths

When a large number of people suffer the same or similar harm, choosing the right legal path is important as it can have a significant impact on the manner in which a case, or cases, are litigated and on the ultimate outcome for the litigants and affected parties. Two of the most common options in this situation are class action and mass tort lawsuits. Both options allow multiple claimants to pursue relief against the same defendant, but they differ significantly in how the claims are grouped, litigated, and, potentially, compensated. Understanding the key distinctions between these approaches can help potential plaintiffs determine the appropriate path for their claim(s).

What’s the Difference Between Class Action and Mass Tort Lawsuits?

In a class action, a lead plaintiff, also called a class representative, brings a lawsuit on behalf of multiple plaintiffs. In class actions, affected parties become members of a unified group called a “class.” Class members typically do not make litigation decisions and cannot pursue individual trials and are, generally, not actively involved in the litigation. Instead, the litigation decisions are made by the class representative along with class counsel. Any judgment or settlement is divided among the class members. In many jurisdictions, class representatives are also entitled a modest service award if the litigation is successful.

In contrast, in a mass tort action, plaintiffs maintain individual lawsuits that courts manage collectively. Mass tort lawsuits are many different individual cases bundled together for efficiency. Each plaintiff pursues their claims independently, which allows plaintiffs more control over their cases and provides them the option to settle individually and seek individual damages.

When Are Claims Similar Enough to Qualify for Class Action Treatment?

Claims qualify for class action treatment when a large group suffers similar harm from the same defendant. Courts certify a class when the court finds, inter alia, that shared legal and factual issues are so central that they predominate over individual differences, making a single, consolidated trial more efficient than hundreds of separate lawsuits.

To obtain class certification in federal court, the class representative must demonstrate that they have satisfied four criteria set forth in Federal Rule of Civil Procedure 23(a):

• Commonality: Class members must share common questions of law or fact;
• Typicality: The lead plaintiff’s claims and defenses must be substantially similar to the rest of the class;
• Numerosity: The group must be so large that it is impractical to bring every individual to court; and
• Adequacy: The representative plaintiffs and their legal counsel must be able to fairly and fully protect the interests of all class members without conflict.

If individual circumstances vary drastically, the proposed class will likely not be certified.  Notably, class actions do not preclude the recovery of individualized damages based on a common theory of liability.

Large Pharmaceutical and Medical Device Cases Are Often Better Suited for Mass Tort Litigation

Pharmaceutical and medical device cases are often treated as mass torts rather than class actions because every patient’s injury, medical history, and damages can differ. Mass tort actions allow individuals to file separate lawsuits while pooling resources and evidence, ensuring victims receive personalized compensation based on the severity of their specific harms.

Different individuals may have used the product for different lengths of time, experienced different side effects, incurred different medical expenses, or suffered varying levels of harm. These individualized issues can make it difficult to satisfy the commonality and predominance requirements necessary for class certification. Mass tort litigation allows courts to coordinate discovery and other pretrial proceedings while preserving each plaintiff’s right to pursue an individual claim and recover damages based on the harm they suffered.

Class Actions and Mass Torts Employ Distinct Approaches to Recovery

Class Actions: Claims are resolved, either through judgment or a settlement, on a class-wide basis. The total payout is divided among all class members, either equally or in proportion to the harm each member incurred.

Mass Torts: Mass tort plaintiffs receive individual judgments or settlements based on specific damages suffered. Settlements are usually negotiated individually, and the amount varies with the severity of the harm.

Factors Courts Consider When Determining How Large Groups of Claims Should Proceed

When deciding whether a large group of claims should proceed as a class action, a mass tort, or another form of litigation, courts examine the degree of similarity among the plaintiffs’ claims. Key considerations include whether the claims share common questions of law or fact, whether the alleged injuries stem from the same conduct or product, and whether individual issues predominate over common ones.

Courts also consider efficiency, fairness to both parties, and whether the proposed method will provide a practical and effective means of resolving the dispute. In cases involving highly individualized injuries, courts may be more likely to favor mass torts.

Miller Shah LLP represents individuals and groups in complex litigation, including class actions and mass tort matters. Those who believe they may have a claim can have their options evaluated by the firm’s team to determine the legal path that best fits their circumstances.