Firm-Wide blog

What is Mass Tort Litigation?

By Burg Simpson
October 8, 2018
4 min read

A mass tort is a civil action involving multiple plaintiffs against one or more commercial defendants. Mass tort litigation is an ever-growing area of the law made necessary by advances in the mass-production of drugs and medical devices. When companies make mistakes that injure people, the law allows an injured person to prove that a “tort” has occurred, and seek compensation for their injuries. Simply stated, a “tort” is harm to a person or property that was caused by another party. A mass tort is the same concept, but on a much larger scale.

Burg Simpson Represents Mass Tort Plaintiffs

Burg Simpson’s lawyers have represented thousands of mass tort plaintiffs who have been injured by defective medical devices, or who have suffered from serious side effects after using prescription medications. Our team of Colorado mass tort lawyers has the experience and expertise to pursue high-profile litigations, which often involve some of the world’s largest pharmaceutical companies and medical device manufacturers.

Mass Tort Litigation Cases vs. Class Actions Claims?

Mass tort suits are often confused with class action suits. While mass tort litigation cases and class action lawsuits both involve a large group of plaintiffs who have allegedly been harmed, there are common defendants who have allegedly caused that harm, and the lawsuit is consolidated into a single action rather than being filed as separate individual lawsuits, there are also distinct differences.

Differences between Mass Tort and Class Action Lawsuits

Class Action:

  • A class action is a large group of plaintiffs who are known collectively as the “class.” They are represented by a class representative, who stands in for the rest of the group. This means all members of the class are treated as one plaintiff. The class representative sues the defendants, and the lawsuit is filed on behalf of the entire group. All members of the class are treated as one plaintiff.

Mass Torts: 

  • With mass torts, each plaintiff, even though they are part of a larger group, is treated as an individual. This means that all the facts pertinent to the case must be gathered for each plaintiff showing exactly how the individual plaintiff was damaged by the actions of defendant. Damages can include medical expenses, lost income and future earnings, pain and suffering, and emotional damages.
  • Mass tort litigation gathers many individual lawsuits into a single court so that one judge can ensure consistency and efficiency during the fact finding phase of the case. In the event that the case does not settle, and goes to trial, then each case is tried individually.


If You Think You Have a Mass Tort Claim:

Our experienced team of litigation lawyers have worked together to handle mass tort cases for over 40 years. Many of these cases have involved some of the world’s largest, high-profile companies.


If a defective medical device or a prescription drug has caused an injury to you or a loved one, our attorneys at Burg Simpson can help you. The lawyers at our firm have decades of experience dealing with a variety of medical claims for Colorado dangerous drugs and medical devices. Although case is different, we can work with you to determine whether you have a valid claim. We will discuss the circumstances of your case and the technical aspects of the science behind your case. We have the experience and the resources to provide you with the vital insight you need. Fill out our Free Case Evaluation form today or call us right now at 303-792-5595 to find out how we can help you now. Get in touch with us today to learn how a Colorado dangerous drug lawyer can help you!


Burg Simpson’s Mass Tort Attorneys:

There are many factors that determine what a mass tort claim is worth. Every mass tort case is different and a reputable lawyer cannot guarantee a specific compensation amount. But the Denver mass tort attorneys at Burg Simpson can evaluate your claim and provide you with an assessment of what your claim may be worth.



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