Key Differences Between Mass Tort and Class Action

When people are injured or suffer losses due to defective products, dangerous (or incorrect) pharmaceuticals, or environmental exposure, they often join group litigation to pursue justice. Two of the most common forms of group litigation are mass tort lawsuits and class action lawsuits. While these terms are sometimes used interchangeably, they involve very different legal strategies, court procedures, and outcomes for plaintiffs.

Understanding the mass tort vs class action distinction is critical. Choosing the right approach can affect your level of participation, your potential compensation, and how your claim is handled in court. This guide breaks down the key differences to help you make an informed decision and helps you understand how your legal team is fighting on your behalf.

What Is a Mass Tort Lawsuit?

A mass tort lawsuit involves multiple individual plaintiffs who file separate claims against one or more defendants for harm caused by a common product, event, or set of circumstances. Although these plaintiffs have similar claims, each case is treated independently, especially when it comes to damages and liability.

Mass torts are often consolidated through Multi-District Litigation (MDL) for pre-trial proceedings. This allows the court to manage cases more efficiently while preserving each plaintiff’s right to a separate trial and individualized compensation. Without MDL consolidation, courts could be overwhelmed by hundreds or thousands of nearly identical cases proceeding separately, leading to duplicative discovery, inconsistent rulings, and a heavy drain on judicial resources.

Examples of mass tort cases include:

• Toxic exposure (e.g., water contamination)
• Dangerous pharmaceuticals (e.g., Zantac, opioids)
• Defective medical devices (e.g., surgical mesh, IVC filters)

In a mass tort, each plaintiff must prove how the defendant’s conduct harmed them personally. For example, in pharmaceutical mass tort cases like the opioid litigation, some plaintiffs may have suffered fatal overdoses, while others endured long-term addiction or related health issues. 

These varying degrees of harm make it essential for each case to be assessed individually, ensuring that compensation reflects the unique impact on each person rather than applying a one-size-fits-all formula. This level of personalization is a key reason mass torts are not handled through class actions, where such individual distinctions are often lost.

What Is a Class Action Lawsuit?

A class action lawsuit is a single legal case filed on behalf of a group of people who suffered similar harm. Instead of each individual filing their own case, one or more “class representatives” sue on behalf of everyone in the group.

The court must first certify the class, confirming that:

• The claims are similar enough to be tried together
• The class is large enough to make individual suits impractical
• The representative plaintiff’s interests align with those of the class

Once certified, all members of the class are bound by the outcome—unless they opt out.

Common class action lawsuit examples include:

• Data breaches and privacy violations
• False advertising or fraudulent business practices
• Defective consumer products with low individual damages

In class actions, damages are typically distributed equally or based on a formula, and the legal process is streamlined. A well-known example is the Equifax data breach class action, where approximately 147 million affected consumers were offered a standard cash payment or credit monitoring service. 

Regardless of whether someone suffered financial identity theft or a minor inconvenience, the payout structure remained largely the same. This uniform approach allows courts to resolve large volumes of claims efficiently, but it can also limit the compensation individuals receive based on their specific level of harm.

Mass Tort vs Class Action: Key Differences

While both legal tools help groups of plaintiffs pursue justice, there are several critical distinctions:

Factor	Mass Tort	Class Action
Plaintiff Identity	Individual plaintiffs file separately	One or more representatives sue for the group
Injury Assessment	Each plaintiff proves individual harm	All plaintiffs assumed to have similar harm
Compensation	Based on individual damages	Shared or equal distribution
Court Process	May involve MDL, separate trials	Single trial or settlement
Control	Plaintiffs retain more control over their case	Class members have limited involvement

These differences can greatly impact how your case is handled and the amount of compensation you may receive.

When Is a Mass Tort More Appropriate?

A mass tort lawsuit is often the better path when the harm experienced by each plaintiff varies significantly. For example, in cases involving:

• Serious injuries from defective baby formula (e.g., NEC claims).
• Long-term exposure to toxic chemicals with varying health outcomes.
• Dangerous herbicides like Paraquat causing Parkinson’s disease.

Because these injuries differ in type and severity, mass torts allow courts to consider each claim on its own merits while still benefiting from group litigation efficiency.

Why These Distinctions Matter for Your Case

Understanding the difference between mass tort and class action lawsuits isn’t just a legal technicality; it can affect your entire recovery. If your case is lumped into the wrong legal structure, you could:

• Receive less compensation than you deserve
• Lose the chance to present individual evidence
• Be bound by a settlement you didn’t agree to

That’s why choosing the right legal team is critical. At Daly & Black, we help you determine which legal route best serves your case, and we fight relentlessly to pursue the full compensation you may be entitled to.

FAQs

What is the main difference between a mass tort and a class action lawsuit?

The main difference lies in how plaintiffs are treated. In a class action, one representative sues on behalf of a large group with similar claims, and everyone shares in a single outcome. In a mass tort, each plaintiff files their own case and receives individual consideration and compensation.

When is a mass tort more appropriate than a class action?

Mass torts are more appropriate when plaintiffs suffer significantly different injuries or damages. For example, in cases involving defective drugs or toxic exposure, the impact on each person may vary widely.

How are mass torts and class actions handled in court?

Class actions are typically resolved through a single court proceeding after class certification. Mass torts may be consolidated for pre-trial steps, but are ultimately tried on a case-by-case basis or settled individually.

Talk to a Lawyer About Your Legal Options

Still unsure where your case fits? You don’t have to figure it out alone. The attorneys at Daly & Black have the experience and resources to assess your situation and guide you toward the best legal strategy.

We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.Contact Daly & Black today to learn how your case should be handled.