If you are an attorney or plaintiff waiting for a settlement in a mass tort case, the time until you receive compensation could be months, if not years. For immediate assistance, simply fill out the brief application to the right for a free consultation with one of our legal funding specialists. RD Legal Funding can convert your settled cases into immediate cash via our proprietary Fee Acceleration post-settlement funding program. You can also reach us at 1-800-565-5177 to speak with a Fee Acceleration expert.
In a mass tort, injury is caused to many people. According to U.S. Legal Definitions, mass torts fall into two major classes:
The legal procedure for linking multiple plaintiffs together in a mass tort is called joinder and is set forth in FRCP 20(a). If the complaint names several plaintiffs, it is usually a mass tort. In mass tort cases — as opposed to class actions — each plaintiff is treated as an individual despite being part of a larger group. Therefore, how each plaintiff was injured by the defendant’s actions must be determined. Mass tort cases often involve situations where each plaintiff in the group has so many individual and uncommon factual circumstances that a few plaintiffs cannot adequately represent the entire group. Generally mass tort cases have a higher rate of settlement than individual tort cases. While a class action may be called a mass tort, it is technically incorrect to call a mass tort a class action.
Mass tort cases in federal court are often consolidated as multi-district litigation, for example the drug Baycol. The FDA’s implementation of “fast-track” approvals of new drugs has led to the recent prevalence of mass exposure drug cases, according to the “Introduction and History of Mass Torts.” Baycol, a statin anti-cholesterol drug developed by Bayer Pharmaceuticals, was approved by the FDA in 1997. Although the drug was not effective at the FDA-approved dose, and scientific evidence pointed to serious problems, Bayer continued to push Baycol. Patients developed serious negative health consequences and 52 deaths were attributed to Baycol before Bayer voluntarily removed it from the market in 2001.
According to the Rand Institute for Civil Justice, asbestos litigation is the longest-running mass tort litigation in U.S. history. Through 2002, about 730,000 people have brought claims against some 8,400 businesses. Defendants and insurers have spent a total of $70 billion on asbestos litigation.
RD Legal Funding is positioned to help mass tort litigation plaintiff’s attorneys and their clients with rapid post-settlement legal funding. Please fill out the brief online application located at the upper right corner of this page to start accelerating your legal fees today. Or you can call RD Legal toll-free at 1-800-565-5177 to speak with one of our legal funding experts.