Mass Torts vs. Class Actions in Dangerous Drug Injury Cases 

When pharmaceutical companies develop defective drugs or misrepresent medications during marketing, they can open the doors to large-scale legal issues and lawsuits. If you or a loved one has been injured by a dangerous drug, you may consider joining a mass tort or class action lawsuit against the pharmaceutical company for the harm their drugs caused. 

While the terms "mass torts" and "class actions" are often used interchangeably, they are very different legal processes, each with distinct advantages, limitations, and procedures. Therefore, it's important to choose the right path for your case to maintain your eligibility for pursuing the compensation and justice you need.  

At the Law Offices of Steven Zwick, we are experienced in representing clients who have suffered injuries caused by dangerous drugs. Exploring your legal options after a drug injury can seem daunting, especially when others have suffered similar harm. Our attorneys can help you better understand your options and whether a mass tort or class action is the best fit for your situation. 

What Are Mass Torts? 

Mass torts are a type of legal action where multiple plaintiffs file individual lawsuits against one or more defendants for injuries stemming from the same product, event, or incident. While these cases are bundled together and heard in a coordinated manner in the same court, each plaintiff’s case is treated individually. This means that each claimant has the opportunity to present their specific circumstances, including the extent of their injuries and their damages. 

In dangerous drug cases, those who have suffered different adverse injuries, such as heart complications, liver damage, or severe allergic reactions, can all file individual lawsuits under a mass tort lawsuit. Each claim is evaluated independently, allowing each victim to recover damages proportional to the losses and harm they have experienced. 

What Are Class Actions? 

Class actions, on the other hand, involve a group of plaintiffs who collectively file one lawsuit against a common defendant. A key difference here is that class actions are treated as a single case, and all members of the class share any settlement or judgment that is awarded. Generally, class actions are used when plaintiffs' claims are nearly identical and managing individual lawsuits would be inefficient and costly. 

Class actions are common in cases of corporate misconduct, such as billing errors, false advertising, or product defects that do not result in significant individual harm. However, in dangerous drug injury cases where the injuries and damages can vary greatly, class actions may not always be the best fit. 

Key Differences Between Mass Torts and Class Actions 

While both mass torts and class actions are designed to address harm that was caused to multiple plaintiffs, several critical differences could influence which option is appropriate for a dangerous drug injury. Understanding these differences can help you make a more informed decision about how to proceed with your case. 

Individual vs. Group Representation 

In a mass tort, you will typically maintain your individuality in court. This means your case will be heard separately, and any compensation awarded will be specific to your unique damages and injuries. 

Class actions, on the other hand, consolidate all plaintiffs into a single group, typically with a named representative acting on behalf of the entire lawsuit. Your case or individual circumstances will typically not be heard, and any settlement or compensation that is awarded will be divided among everyone who joined the class action. 

Compensation for Damages 

Since mass torts allow you to present your individual case, compensation is directly tied to the specific losses and harm you experienced. If you have more severe injuries or significant economic damages, such as extensive medical bills and lost earnings, you can often recover greater compensation. 

In class actions, damages are typically awarded as a lump-sum settlement or judgment divided among all members, regardless of the varying extent of harm each person has suffered. While class actions can sometimes result in smaller payouts for individuals, they may be more suitable for cases involving mild or similar injuries. 

Case Management 

Mass torts are generally more complicated and time-consuming, as each claim must be reviewed and litigated individually. The courts often use consolidation or multidistrict litigation (MDL) to streamline the process and avoid duplicative discovery and testimony. However, it can still require a significant time investment. 

Class actions, by contrast, are less burdensome to manage because they treat all plaintiffs as a single entity. Once a class is certified, a single trial resolves the case for all members, which can lead to faster resolution in some instances. 

Choice and Participation 

Mass torts provide you with more control over your lawsuit. You can choose your own attorney and decide how much you want to be involved in the case. Additionally, you can decide to accept or reject settlements based on your specific circumstances. 

In a class action, however, you are automatically included as a member of the class unless you choose to opt out. Once the case settles, you generally do not have the ability to negotiate or reject the outcome of the case. 

Which Option Is Right for You Following a Dangerous Drug Injury? 

Deciding between a mass tort and a class action following a dangerous drug injury can be a challenge, as these cases typically depend on several factors, including the nature of your injuries, the extent of your damages, and the number of people who have been affected in similar ways.  

For cases involving dangerous drugs, mass torts are often the better choice because they allow for an individual evaluation of your injuries and compensation that reflects the unique circumstances of your case. 

Class actions can be efficient for resolving cases involving minor and uniform harm. However, if you suffered different or more severe injuries, they may not adequately address the extent of your suffering. If your damages are relatively minor and are consistent with the experiences of the other plaintiffs in your class, a class action could be a strong option. 

Contact an Experienced Personal Injury Attorney in Orange County, California 

If you’ve been harmed by a dangerous drug, time may be of the essence. However, deciding whether to file a claim as a mass tort or a class action can be challenging, depending on the severity and scale of your injuries. 

At the Law Offices of Steven Zwick, we have extensive experience representing clients in both mass torts and class actions stemming from dangerous drugs and defective products. We understand the challenges you may be facing as a victim of unsafe medications, and we are committed to helping you make the best decisions for your case. Contact us today to schedule your free consultation.  

We proudly represent clients across Orange County, including but not limited to Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.