As a national probate coordination law firm, The Probate Pro provides probate related services for families that have tragically died or have been catastrophically injured as a result of a mass tort.

A mass tort is a lawsuit involving numerous plaintiffs against one or more defendants. These mass tort lawsuit from defendants causing injuries through the same or similar act of harm. Common examples of mass tort lawsuits include the following:

  • Dangerous drugs (for example, Opiods)
  • Defective medical devices (for example, CPAP breathing machine litigation)
  • Defective products (for example, Monsanto’s Roundup litigation)
  • Mass disasters (for example, airplane crashes)
  • Toxic conditions (for example, Flint water litigation)

Examples

Some of the mass tort cases are widely publicized. Some are not. Here are some examples of current mass tort lawsuits in which The Probate Pro is providing probate coordination or probate legal services.
  • Roundup Cancer litigation
  • Opiod Epidemic
  • Infant Baby Formula NEC
  • Talcum Powder Cancer
  • Zantac Carcinogen
  • Proton-Pump Inhibitor
  • Allergan Breast Implant
  • Hernia Mesh
  • Transvaginal Mesh
  • Invokana
  • Xeralto
  • Valsartan
  • Paraquat
  • Flint Water crisis
  • Zantac heartburn medication
  • Juul
  • Mesothelioma
  • Philips CPAP Recall Lawsuit

To streamline the management and processing of mass torts lawsuits filed in many courts, a special, federal procedure may be used called “multidistrict litigation” or more commonly referred to as MDL. The filing of many lawsuits in many different courts can be inefficient. In order to efficiently process cases that could involve hundreds or even tens of thousands of plaintiffs in dozens of different federal courts that all share common issues, a judicial panel decides whether cases should be consolidated under MDL. In an MDL case, one judge will oversee all of the lawsuits and appoint a committee of attorneys to represent the plaintiffs. Sometimes, the MDL may result in a mass tort settlement. However, if the case does not result in compensation, the plaintiffs may pursue damages through individual lawsuits.

Federal Law

The statute 28 U.S.C. § 1407(s) states:

When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.

The United States Judicial Panel on Multidistrict Litigation (MDL) maintains statistics of the pending mass torts cases that are in litigation.

Why is Probate Needed?

When a loved one dies as a result of a mass tort or during the pendency of a mass tort litigation, probate may be necessary to appoint a personal representative to file the case.

Top 50 Mass Tort Pending Cases

Here are the top 50 MDL cases arranged in order of total actions pending (as of April 15, 2022).

Generated by wpDataTables

Questions about a mass tort? Please don’t hesitate to give The Probate Pro a call today at (833) PROBATE. We are ready to help you.