1. Introduction to Mass Torts

A Mass tort is a civil action that by definition affects the health and welfare of a large number of individuals, often across the U.S. These can range from environmental contaminants to products or food consumed. Common examples would be contaminated ground water, food products that are dangerous to those that consume them, drugs and medical devices intended to help people that wind up harming them in ways that the manufacturers or government agencies that approved them did not adequately anticipate.These cases arise when many individuals are harmed by the same product or event. Unlike other torts that focus on individual conduct and harms, mass torts often tackle systemic issues, often emerging from product liabilities or large-scale accidents.

In mass tort litigation, plaintiffs might proceed through different procedural avenues. This is in some ways similar but different that Class actions that allow a representative to sue on behalf of a large group, provided certain criteria are met. In mass torts, the preferred mechanism is known as Multidistrict Litigation (MDL), as described in 28 U.S.C. § 1407, which centralizes federal civil cases from different districts to one court. Such mechanisms aim to address the scale of mass torts, facilitating effective and efficient discovery and adjudication.

2. Landmark Mass Tort Cases

Mass torts have seen some monumental cases. Asbestos litigation, with plaintiffs suffering from mesothelioma or other asbestos-related illnesses, has been termed the longest-running mass tort. Tobacco litigation involved states suing tobacco companies over public health costs. Pharmaceutical cases, like those against opioid manufacturers, have spotlighted the industry’s responsibilities. These cases, documented extensively by scholars like Richard A. Nagareda, showcase the intricate balance between corporate accountability and consumer protection.

a. Challenges and Criticisms

While mass torts aim for justice on a large scale, they’re not without critiques. Concerns revolve around the fairness of group representation, potential for “lawsuit abuse”, and the strain on judicial resources. Companies often face immense financial pressures, sometimes leading to bankruptcy. Deborah R. Hensler and other scholars have dissected these dynamics, considering both the societal benefits and challenges.

b. Future of Mass Torts

The horizon of mass torts is ever-evolving. Environmental disasters, like oil spills, and data breaches have become focal points. As societal reliance on technology and industries grows, new domains of mass torts emerge. The legal fraternity, as noted in Harvard Law Review, anticipates innovations in legal procedures, accommodating the changing nature of large-scale harms. As with all legal domains, continuous developments mandate regular updates and consultation with experts for specific nuances.

3.Major and Emerging Mass Tort Cases

a.Baby Formula (NEC):

Medical/Scientific Basis: The mass tort related to Necrotizing Enterocolitis (NEC) alleges that certain baby formulas were linked to the development of NEC in premature infants.There are significant research reports and meta analysis of clinical literature that support an elevated risk of developing this disease when substituting or even combining cow’s milk formulas with human breast milk.The Law Firm of Levin, Rojas, Camassar & Reck, LLC, located in Connecticut filed the first cases and captained the litigation though its early years until it became a federal MDL. The Firm now serves on the leadership committee and continues to accept new client families impacted by the disease.

Legal Claims: Legal claims involve product liability design defect, failure to adequately warn about the risks and deceptive marketing practices.

b.Camp Lejeune:

Medical/Scientific Basis: Camp Lejeune mass tort involves contamination of the drinking water supply at the Marine Corps base, leading to health issues including multiple organ and blood cancers, skin abnormalities and neurological disease. The U.S. Government signed into law the Camp Lejune Justice Act in August 2022 which enables veterans and non military civilians and their dependents to recover compensation for these diseases provided they were exposed to contaminated water from having lived, worked or served on the base during the timeframe between 1953 and 1987 for more than 30 days duration.

Legal Claims: Claims include negligence, failure to disclose contamination, and harm caused to residents and military personnel. There are strict statutes of limitations that need to be observed and mandatory filings of an administrative claim form to preserve rights to compensation.

c.Tylenol and Autism:

Medical/Scientific Basis: Some individuals claimed that maternal use of Tylenol (acetaminophen) during pregnancy was associated with an increased risk of autism in their children, though scientific consensus differs.

Legal Claims: Legal actions were based on product liability and alleged failure to warn of potential risks.

d.Hair Relaxer:

Medical/Scientific Basis: Hair relaxer mass torts typically involve allegations of scalp and hair damage from certain hair relaxer products.

Legal Claims: Claims may include product liability and inadequate warnings
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e. Paraquat:

Medical/Scientific Basis: Paraquat is an herbicide, and mass torts allege that exposure to it is linked to various health issues, including Parkinson’s disease.

Legal Claims: Claims center around product liability and inadequate safety warnings.

f. Roundup:

Medical/Scientific Basis: Roundup mass torts are based on claims that glyphosate, a herbicide in Roundup, is linked to cancer, particularly non-Hodgkin’s lymphoma.

Legal Claims: Claims include product liability, failure to warn, and deceptive marketing.

g CPAP:

Medical/Scientific Basis: Some CPAP users have claimed injuries, including lung problems, associated with certain CPAP devices or related products.

Legal Claims: Claims may involve product liability and alleged defects in the devices.

h. Vaping:

Medical/Scientific Basis: Vaping mass torts relate to lung injuries and health issues, particularly among young users of e-cigarettes and vaping products.

Legal Claims: Claims revolve around product safety, marketing practices, and the alleged targeting of minors.

i. Extricate Artificial Tears:

Medical/Scientific Basis: This may refer to a specific brand of artificial tears. Mass torts might involve claims of eye injuries or complications.

Legal Claims: Claims could include product liability and inadequate warnings.

j. IVC Filters:

Medical/Scientific Basis: IVC filters are used to prevent blood clots. Mass torts involve claims of filter fractures, migration, and injuries.

Legal Claims: Claims include product liability and failure to warn.

k. Hernia Mesh:

Legal Basis: Hernia mesh mass torts involve claims against manufacturers of surgical mesh used in hernia repair surgeries. The claims typically include allegations of product defects, design flaws, and failure to warn about potential complications.

Scientific Summary: Scientific research has identified various complications associated with hernia mesh implants, including infection, adhesion, migration, and chronic pain. The medical community continues to investigate the safety and efficacy of different hernia mesh products.

L. Talc:

Legal Basis: Talc mass torts involve allegations that long-term use of talc-based products, such as Johnson & Johnson’s Baby Powder, contributed to ovarian cancer or mesothelioma. Legal claims often revolve around product liability, inadequate warnings, and allegations of asbestos contamination.

Scientific Summary: Scientific studies have explored the potential links between talc exposure and ovarian cancer, but the findings have been mixed. Asbestos contamination in talc products has also been a concern, as asbestos is a known carcinogen.

m. 3M Earplugs:

Legal Basis: Mass torts related to 3M earplugs involve claims that certain military earplugs, used by service members, were defective and failed to provide adequate hearing protection. Legal claims include product defects and failure to warn.

Scientific Summary: Scientific evidence may focus on the effectiveness of these earplugs in protecting against hearing damage and whether design flaws led to inadequate protection.

n. Human Trafficking:

Legal Basis: Human trafficking mass torts may involve civil lawsuits brought by victims against perpetrators or entities that may have contributed to or benefited from human trafficking. Legal claims can include violations of human rights, negligence, and compensation for damages.

Scientific Summary: Human trafficking is a crime, and scientific research may be conducted to understand its prevalence, root causes, and the physical and psychological effects on victims. Social and behavioral sciences play a significant role in understanding and combatting human trafficking.

o. Social Media:

Legal Basis: Mass torts related to social media may involve privacy breaches, data misuse, or the spread of harmful content. Platofrms include Facebook and Instagram. Legal claims often include privacy violations, negligence, and emotional distress.Teen depression and suicides have been traced to these origins as substantial factors.

Scientific Summary: While social media platforms may not be the subject of scientific studies in mass torts, research on the impact of social media on mental health, misinformation, and online behavior is ongoing, providing context for some legal claims.
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4. Resources & Further Reading

5. Connect with Legal Experts