Mass Torts vs Class Action Cases

Attorney Scott Wm Weinstein

There’s this question about mass torts and class actions.  Often times our clients ask us if their case is gonna be handled as a class action, and sometimes they don’t want their case to be handled as a class action, because I think they don’t quite understand what that means.  Well, if you have an injury claim, if you’ve been injured by a pharmaceutical product or a medical device, your case is not gonna be handled as a class action, it’s gonna be handled individually, just your case.  But, it’s gonna be combined with many other cases into one court for certain proceedings.  That’s called a mass tort.  A mass tort is different from a class action.  In a class action, usually there’s very, very small damages. It’s usually a consumer case.  For instance, if a cellular phone company is billing you for something that they shouldn’t be billing you for, that’s more appropriate for a class action, because they’re doing the same thing to scores or hundreds or thousands or millions of consumers.  Everybody’s been damaged in the same way.  But, if you have an individual damage case, it’s going to be handled individually, but probably consolidated into a mass tort.

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