How Long Does a Mass Tort Claim Take?

Mass tort claims are among the most complex and large-scale forms of civil litigation. Unlike individual lawsuits, they involve hundreds or even thousands of plaintiffs who have suffered similar harm due to a common product, medication, or environmental hazard. The scope of these cases, and the number of lives affected, means that the timeline for resolution is far from simple.

Consider the 3M Combat Arms Earplug litigation. In 2023, 3M agreed to pay $6.01 billion to resolve claims from nearly 260,000 U.S. service members and veterans who alleged that defective earplugs caused hearing damage. The litigation spanned several years and became one of the largest mass tort settlements in U.S. history, underscoring the enormous complexity and stakes involved in these kinds of cases.

So what drives the timeline of a mass tort claim? And what should plaintiffs expect as their case unfolds?

Mass Tort vs. Class Action: What’s the Difference? 

Before diving into timelines, it’s important to distinguish mass torts from class actions. While both involve multiple plaintiffs harmed by the same defendant, the legal approach differs dramatically:

• Mass tort claims are handled individually, even when consolidated into multidistrict litigation (MDL). Each plaintiff’s damages, injuries, and compensation are assessed on a case-by-case basis.
• Class action lawsuits treat all plaintiffs as a single group with a shared injury. One or two class representatives speak for the entire class, and any settlement is typically divided equally.

Mass torts provide more personalized outcomes but can take longer to resolve due to the individual nature of each claim. At Daly & Black, we help clients weigh their legal options to ensure their case is filed in the most strategic way possible.

Understanding the Timeline of a Mass Tort Claim 

Mass tort cases are rarely resolved overnight. These are high-stakes claims involving many plaintiffs, powerful corporate defendants, and complicated legal hurdles. Every case is different, but most follow a general structure:

Case Investigation & Client Intake

Before any lawsuit is filed, your legal team will review medical records, product use, exposure timelines, and injuries. This intake phase ensures your case is legally viable and factually supported.

Filing & Coordination

Once your claim is validated, your attorneys will file suit and coordinate with others pursuing similar claims. These early filings help build momentum for the broader litigation.

MDL Formation (If Applicable)

Most mass torts are centralized in Multidistrict Litigation (MDL)—a legal process that consolidates similar federal cases for efficiency. While MDLs speed up pretrial coordination, they also add procedural complexity.

Discovery

Both sides exchange evidence, conduct depositions, and build their legal arguments. Because mass torts often involve thousands of plaintiffs, this phase can last months—or years.

Bellwether Trials

A handful of representative cases go to trial. These “bellwethers” help both sides assess risk and guide future settlement negotiations. They can also shape legal precedent for the remaining claims.

Settlement Negotiations

Most mass torts resolve through settlements. Based on bellwether results and discovery evidence, defendants may offer structured compensation packages to groups of plaintiffs. This process still takes time, as each claim must be evaluated individually.

Trial (If No Resolution)

If the parties don’t settle, your case may proceed to trial. While trials are rare in MDLs, they remain a powerful tool to hold defendants accountable when negotiations break down.

What Affects the Timeline? 

Every case is unique, but several factors influence how long a mass tort claim will take:

• Size of the MDL – The more plaintiffs involved, the more time required to coordinate discovery and review.
• Complexity of the Case – Scientific evidence, expert testimony, and disputed causation can prolong proceedings.
• Defendant Strategy – Some companies drag their feet, hoping to wear plaintiffs down.
• Court Backlogs – Especially in federal MDLs, delays can result from overloaded dockets.
• Injury Variation – Diverse medical outcomes across plaintiffs require case-by-case review before compensation.

At Daly & Black, we know the difference between strategic patience and unnecessary delay. Our team pushes claims forward while holding defendants accountable at every turn.

Understanding the Mass Tort Settlement Process 

There’s no single payout in a mass tort case. Settlement amounts are typically negotiated based on several factors:

• Severity of Injuries – Plaintiffs with permanent disabilities or long-term complications may receive higher awards.
• Medical Bills and Lost Wages – Documented economic losses play a major role in valuation.
• Pain and Suffering – Emotional and psychological harm is considered, especially for life-altering injuries.

For example, in the Kugel Mesh litigation, over 2,000 plaintiffs shared $184 million, averaging around $60,000 per person. But averages only tell part of the story. Some plaintiffs may receive far more based on their individual facts.

Why Legal Strategy Matters 

You want your claim resolved quickly, but not at the cost of your recovery. At Daly & Black, P.C., we don’t take shortcuts. We build strong, evidence-backed cases that command respect at the negotiation table, and in court.
Whether your case proceeds within an MDL framework or as an individual trial, we stay aggressive, responsive, and always focused on your best interests.

FAQ 

How long does a mass tort case typically take?

Most mass tort cases take between 2 and 5 years to resolve. Some, like the Stryker Rejuvenate hip implant litigation, settle in under two years, while others such as the Johnson & Johnson talc powder lawsuits can last more than a decade. After a settlement is reached, it may take an additional 6 to 12 months (or more) for payments to be distributed to individual plaintiffs.

What is the average settlement amount in mass tort cases?

Settlement amounts vary widely depending on the injury. For example, in the Kugel Mesh litigation, plaintiffs averaged around $60,000 for injuries such as bowel perforation and chronic intestinal fistulae. In contrast, severe cases in the Xarelto litigation involving brain hemorrhages reportedly settled for as much as $300,000.

While these figures vary, they help illustrate a rough spectrum of compensation tied to injury severity and financial losses. These payout estimates are based on legal analysis and media reporting. Final settlement amounts paid to individuals are typically confidential and not part of the public record.

Can I join a mass tort if I’ve already filed an individual lawsuit?

Yes. Your attorney can assess whether it’s beneficial to join a coordinated action like an MDL or continue independently. Every situation is different.

Take the Next Step with Daly & Black

If you’ve been injured and believe your case may qualify for mass tort litigation, don’t wait. With Daly & Black, you’ll always have a clear understanding of where your case stands and what to expect next. We keep the pressure on, the communication clear, and the focus on results.Schedule your free consultation today. We’re ALL IN. ALL THE TIME.