Mass Torts
Mass tort litigation involves multiple individuals who have been injured by the same product, drug, or corporate practice — but whose damages are evaluated on a case-by-case basis. Unlike class actions, mass torts do not merge everyone’s claims into a single class; each injured person maintains an individual claim while benefitting from shared evidence and coordinated proceedings.
At JKH Law, we represent injured individuals — not classes — in mass-tort matters where corporations, manufacturers, or distributors have caused harm through defective products, unsafe drugs, environmental contamination, or systemic negligence.
What Are Mass Torts?
A “mass tort” is a civil action that arises when many people suffer similar injuries from a single source or event. These cases often involve dangerous consumer products, medical devices, pharmaceuticals, or toxic exposures.
Courts sometimes consolidate these claims into a single venue for coordinated pretrial proceedings (known as Multi-District Litigation, or MDL), allowing efficiency in discovery and consistency in rulings. However, each client remains an individual plaintiff — entitled to their own evaluation, negotiation, and settlement decision.
When many people are injured by the same product or conduct but each case involves individual facts, federal law allows these cases to be consolidated for pretrial purposes through Multidistrict Litigation under 28 U.S.C. § 1407. The Judicial Panel on Multidistrict Litigation transfers related cases filed in different federal courts to a single “transferee court” for coordinated discovery and motion practice — sharing evidence and avoiding duplicate work, while each case remains legally separate. Courts often select a small number of representative cases, called bellwether trials, to try first and give both sides a realistic sense of how similar cases might resolve. If a case doesn’t settle, federal law requires it to be sent back to the court where it was originally filed for trial (Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998)) — an MDL court generally cannot keep and try a case itself without the parties’ agreement.
Consolidation into an MDL doesn’t change which state’s law applies to your claim. Courts have held that a case keeps the substantive law of the state where it was originally filed, including that state’s own choice-of-law rules — so a claim filed in Michigan generally keeps the benefit of Michigan’s own damages rules and comparative fault standards even after the case is transferred to an MDL court in another state for pretrial proceedings.
Common Types of Mass-Tort Cases
JKH Law handles individual cases that may fall within broader national or regional mass-tort proceedings, including:
Defective or dangerous pharmaceuticals that cause unexpected side effects, organ damage, or long-term illness.
Medical devices or implants (such as surgical mesh, joint replacements, or pumps) that fail prematurely or cause infection or injury.
Toxic or chemical exposures, including environmental contamination, groundwater pollution, or industrial waste affecting nearby residents.
Consumer products or household goods recalled for fire hazards, contamination, or safety defects that cause injury.
Occupational exposures where workers are harmed by repeated contact with hazardous substances like asbestos, silica, or industrial solvents.
Transportation or infrastructure disasters involving a single event that injures many people but requires individualized claims.
Our Approach to Mass-Tort Representation
Every client’s circumstances, injuries, and damages are unique. JKH Law approaches each mass-tort case with the same individualized attention given to any serious personal-injury claim. We collaborate with national counsel and experts when appropriate, but maintain direct local representation for our clients in Michigan.
Our role often includes:
1. Evaluating potential claims related to ongoing national litigations.
2. Gathering medical, employment, and exposure documentation for individualized assessment.
3. Coordinating with co-counsel when appropriate to preserve efficiency while ensuring full client autonomy.
4. Advocating for fair compensation specific to each client’s injuries and losses.
Key Differences Between Mass Torts and Class Actions
Although both involve multiple injured parties, they operate very differently:
Mass Tort | Class Action |
|---|---|
Each plaintiff files an individual claim. | One or more “representative plaintiffs” pursue claims on behalf of the entire class. |
Damages are personalized to each individual’s injuries. | Damages are shared collectively among all class members. |
Plaintiffs retain individual control over settlement decisions. | Class members are generally bound by the outcome unless they opt out. |
Ideal when injuries vary in extent, timing, or causation. | Suitable when all members suffered essentially the same harm. |
At JKH Law, we focus on individual representation within mass-tort contexts, ensuring that every client’s story and recovery are handled on their own merits.
This individualized structure exists because mass tort cases typically don’t meet the requirements for a class action under Federal Rule of Civil Procedure 23, which requires that common legal and factual questions predominate over individual ones and that a class action be the superior way to resolve the dispute. Because mass tort injuries usually involve different exposure histories, medical causation, and damages from person to person, courts generally find that each case needs its own individualized treatment rather than being decided as one class.
Statute of Limitations and the Discovery Rule
Many mass tort injuries — cancer from years of chemical exposure, for example — don’t show up until long after the exposure that caused them. Michigan’s discovery rule can toll the filing deadline until you knew, or reasonably should have known, about both the injury and its cause, but the underlying deadline is still set by Michigan law regardless of where a related MDL is proceeding. In active mass tort litigation, plaintiffs’ leadership and the defendant sometimes negotiate tolling agreements that pause the clock while settlement talks continue — but that protection isn’t automatic, and assuming your claim is “on hold” nationally without confirming it is a real risk. If you believe you may have a mass tort claim, confirming your actual filing deadline early is critical.
Compensation and Damages
Depending on the nature of the case, recoverable damages may include:
When many clients in an MDL reach a global settlement together, Michigan’s ethics rules (MRPC 1.8(g)) require that each client individually consent, in writing, after being told the settlement’s terms and how the other claims are being treated — a lawyer cannot simply accept a package settlement on a group’s behalf. It’s also common in large MDLs for the court to set aside a percentage of every plaintiff’s recovery as a “common benefit fee,” which pays the attorneys who did the shared work of developing the case — expert discovery, bellwether trials, and so on — for the whole group. That assessment is separate from your own attorney’s fee, reduces your net recovery, and should be disclosed to you as part of any settlement.
Mass Torts We’re Currently Following
Because active mass tort litigation changes quickly — new cases are added, settlements are reached, and courts sometimes close off certain legal theories — we cover specific, currently active litigation in ongoing articles rather than trying to keep a single page current. Read more about the litigation we’re following:
Don’t see your situation listed? Contact us — new mass tort litigation is added regularly, and we can tell you whether your case qualifies.
Why Choose JKH Law
Mass-tort litigation can be complex and national in scope, but Michigan residents deserve local representation that understands both the personal impact and the broader litigation landscape. JKH Law provides direct communication, careful documentation, and experienced coordination with national counsel when necessary — all while protecting your individual claim and autonomy. Our goal is simple: to hold negligent corporations accountable and obtain fair compensation for those they have harmed.
If you or a loved one has been injured by a defective product, unsafe drug, or toxic exposure, contact JKH Law for a confidential, no-obligation consultation. We evaluate potential mass-tort claims on an individual basis, ensuring your case receives the focused attention it deserves.
JKH Law, PLC
312 Fulton Street East
Grand Rapids, MI 49503
(616) 226-3762 (office)
(616) 988-6504 (fax)
Personal Injury Practice