How Long Does a Mass Tort Case Take?

Filing a mass tort represents a civil action taken against a defendant for causing a personal injury, financial loss, and/or another type of harm. Although one person files a mass tort lawsuit, the individual filing the mass tort lawsuit is joined by a large group of plaintiffs that sue one or more defendants. In the case of the Monsanto mass tort, victims that suffered harm caused by exposure to the herbicide Roundup pooled financial resources to hold the company legally liable for committing acts of negligence.

Although plaintiffs benefit from filing a mass tort lawsuit, the judicial system also benefits from this type of action because it speeds up the process of resolving a legal grievance. Individual lawsuits against a large corporation can take years to litigate, at a cost that runs into thousands of dollars. A mass tort lawsuit removes the time and money obstacles by consolidating every similar case into one lawsuit that is litigated by the same civil court.

The easiest way to answer the question, “How long does a mass tort case take?” is it takes less time to resolve than filing the same type of legal action as an individual.

Mass tort lawsuits are an effective legal strategy to fight back against the illegal actions taken by a large corporation or a government agency. In addition to streamlining the judicial process, a mass tort case makes sure the same valid legal arguments are applied to every plaintiff with the same type of grievance. A mass tort case builds the strongest possible justification for receiving monetary damages because of the negative impacts concerning the use of a defective product.

At Morgan & Morgan, we recommend clients join mass torts if they have the best opportunity to receive just compensation for their injuries. Mass tort lawsuits also can produce changes that prevent the same type of unlawful action from ever happening again. The plaintiffs involved in a mass tort legal action have the right to request changes to how the defendant conducts business to ensure the health of consumers.

Mass torts can be filed for different reasons, but the most common reason for taking this type of legal action involves the product liability statutes written at the state or federal government level.

Product liability statutes hold companies legally liable for producing and selling a defective product that causes harm to consumers. For example, mass tort legal action held Johnson & Johnson legally liable for knowingly manufacturing and selling a dangerous line of talcum powders. The company has paid millions of dollars to consumers that sustained physical harm because of the inhalation of asbestos. Product liability lawsuits often seek both economic and non-economic damages.  

The underlying principle associated with litigating a product liability mass tort is to prove the defendant violated one of the four legal principles connected to the production, distribution, and sale of a dangerous product.

Mass tort lawsuits that involve a company violating product liability statutes must include one or more legal principles.

Negligence

Negligence is the most common legal principle applied to mass tort cases. The attorneys representing clients in a mass tort case must demonstrate the presence of the four elements of negligence to hold a defendant accountable for causing harm to each plaintiff. The first element to prove is called duty of care, which means the defendant was legally responsible for ensuring the safety of each plaintiff that participated in a mass tort legal action. For example, Monsanto owed a duty of care to everyone that came in contact with its harmful herbicide Roundup.

After proving duty of care, the next element to show a judge or jury is the defendant violated the duty of care doctrine by not taking preventive action. Monsanto breached the duty of care doctrine by failing to alert the users of Roundup about the potentially harmful physical consequences of prolonged exposure to the chemicals that created the dangerous herbicide. The third element requires a mass tort lawyer to prove that exposure to a defective product harmed consumers. For both the Monsanto and Johnson & Johnson cases, the plaintiffs demonstrated the harmful effects of exposure to harmful substances. The last element to show for negligence is connecting physical harm to financial losses.

The other three legal principles cited for mass tort lawsuits are misrepresentation, strict liability, and breach of warranty. Deciding which one of the legal principles to cite for a mass tort lawsuit is the responsibility of the mass tort attorney you hire from Morgan & Morgan.

Because every mass tort case involves unique legal circumstances, the answer to the question, “How long does a mass tort case take?” is that it depends. Some mass tort cases end after just a few weeks when the legal counsel for both parties reach a settlement. Other types of mass tort lawsuits remain active for several years. After staying active in the court system for many years, the Johnson & Johnson mass tort plaintiffs finally received justice for the negligent acts committed by the company.

Factors That Influence the Time It Takes to Litigate a Mass Tort Lawsuit

Several factors come into play that determine the answer to the question, “How long does a mass tort case take?” Since a mass tort lawsuit is typically more complicated than a standard personal injury case, mass tort cases take longer to resolve.

Locating and interviewing witnesses represents one of the most important factors in determining the length of a mass tort lawsuit. Getting together plaintiffs that live all over the United States and even abroad takes a considerable amount of time. Expert witnesses, such as researchers, scientists, and economists also can be difficult to locate when the lawyers representing plaintiffs require supportive testimony. Investigating a mass tort case such as the one that involved the Monsanto herbicide Roundup can take months, if not years.

The aforementioned factors of investigating facts and tracking down witnesses refer to the time it takes to build a persuasive case. Other steps such as filing and processing paperwork also contribute to the amount of time it takes to litigate a mass tort lawsuit. During the discovery phase of the litigation process, both parties share facts of the case that determine the outcome. Negotiations that might lead to a settlement can take weeks to unfold. Motions filed to delay court proceedings also are a factor that answers the question, “How long does a mass tort case take?”

The mass tort lawyers at Morgan & Morgan provide legal support for clients in several different ways. We rely on the expertise of in-house healthcare experts to review medical records to show a link between your injuries and a dangerous product such as Johnson & Johnson baby powder. The key medical records that we refer to are the results of diagnostic tests. Our team of mass tort litigators review the documents presented by the defendant, such as product efficacy reports that possibly were altered to validate using the product. Altered product efficacy reports frequently play a role in determining the outcome of a mass tort case involving a dangerous prescription drug.

Working with an experienced mass tort attorney ensures you file the proper documentation before deadlines. Failing to meet just one deadline can force the court to dismiss a mass tort lawsuit. At Morgan & Morgan, medical experts represent a key component of litigating a successful mass tort case. This is especially true when we go up against a legal team formed by a large, wealthy corporation such as Monsanto. With more than 800 litigators and thousands of support staff working throughout the United States, Morgan & Morgan is available for legal support 24 hours per day, seven days a week.

When a client signs on to work with the experienced team of litigators at Morgan & Morgan, the client can provide help by following several tips. Perhaps the most important tip involves completing treatment and physical therapy sessions. Taking the advice of a healthcare provider demonstrates the intention of recovering from a devastating encounter with a dangerous product. 

Our clients also help us by gathering and organizing documents such as copies of medical bills. We ask our clients to document their injuries by taking photographs. Maintaining a daily journal chronicles the status of your injuries which we can use when litigating a mass tort lawsuit.

Schedule a free case evaluation today to take your first steps forward with your mass tort case.