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What Is a Mass Tort Case?

A mass tort case arises when a single company's product or conduct injures a large number of people in similar, but individually distinct, ways. Because the injuries and damages differ from person to person (one plaintiff may have permanent nerve damage, another a shorter recovery), each case is litigated on its own facts rather than resolved as one collective judgment.

Federal mass torts are commonly consolidated into a multidistrict litigation, or MDL, where a single judge oversees shared pretrial matters like discovery and expert testimony. As of August 2026, the U.S. Judicial Panel on Multidistrict Litigation reported 205,540 pending actions spread across 162 active MDL dockets nationwide, covering everything from defective medical devices to contaminated water exposure.

How Mass Torts Differ From Class Action Lawsuits

Mass torts and class actions are often confused, but they resolve very differently:

  • Class actions combine plaintiffs into a single lawsuit with a single outcome; individual class members typically receive a set, predetermined share of any settlement.
  • Mass torts keep each plaintiff's case separate. Compensation is based on that person's specific injuries, medical costs, and losses, not a flat, evenly divided payout.
  • Mass torts allow individualized evidence, meaning a plaintiff with more severe injuries can recover more than a plaintiff with milder harm.

For most drug, device, and toxic exposure injuries, a mass tort structure gives injured Miami residents a better opportunity for compensation that reflects what actually happened to them.

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Why Choose Correa & Martinez Trial Lawyers for Your Mass Tort Case in Miami

Correa & Martinez Trial Lawyers brings 84 years of combined legal experience and a trial-tested approach to mass tort litigation. As experienced civil trial attorneys, Andres Correa and Octavio Martinez do not simply file paperwork and wait; they build each client's case with the same preparation they bring to the courtroom, including working with medical experts and accident reconstruction specialists to establish the full extent of an injury. The firm offers legal representation in English and Spanish and is committed to keeping clients informed and accessible throughout what can be a lengthy litigation process.

Types of Mass Tort Cases We Handle

Dangerous Drugs and Pharmaceuticals

Pharmaceutical companies have a duty to warn patients and doctors about known risks. When a medication is later linked to serious side effects that were not adequately disclosed, patients who were harmed may have grounds for a claim. Correa & Martinez Trial Lawyers evaluate cases involving prescription and over-the-counter medications tied to undisclosed or downplayed health risks.

Defective Medical Devices

Implants, surgical devices, and other medical products are expected to perform as intended. When a device is defectively designed, manufactured, or marketed, and a patient suffers complications, additional surgeries, or lasting harm as a result, the manufacturer may be held liable.

Toxic Exposure

Exposure to contaminated water, industrial chemicals, or other hazardous substances can lead to serious illness years after exposure. This includes claims like those brought under the Camp Lejeune Justice Act, which allows veterans, family members, and civilian workers who lived or worked at Camp Lejeune between 1953 and 1987 to seek compensation for illnesses linked to the base's contaminated water supply.

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Who Can Be Held Liable in a Mass Tort Case

Liability in a mass tort case typically falls on the entity that designed, manufactured, marketed, or distributed the harmful product, or the party responsible for a toxic exposure. Depending on the case, this may include:

  • Pharmaceutical manufacturers
  • Medical device makers
  • Product distributors and retailers

Government agencies or contractors, in certain toxic exposure claims
An investigation into your specific case will determine which parties bear responsibility for your injuries.

Types of Compensation Available

Plaintiffs in a successful mass tort claim may recover damages, including:

  • Past and future medical expenses
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Cost of ongoing care or rehabilitation
  • In some cases, punitive damages, where a manufacturer's conduct was especially reckless

Because mass tort compensation is calculated individually, the value of a claim depends on the severity of the injury, not a fixed settlement amount shared among all plaintiffs.

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Steps to Take if You Believe You Have a Mass Tort Claim

  1. Preserve all medical records, prescription information, or product packaging related to your injury.
  2. Do not stop or change a medication or treatment without first speaking to your doctor.
  3. Document your symptoms and how the injury has affected your daily life.
  4. Avoid signing any settlement offer or release from a manufacturer before speaking with an attorney.
  5. Contact Correa & Martinez Trial Lawyers to discuss whether your case may qualify as part of an existing mass tort or MDL.

Talk to a Miami Mass Torts Attorney Today

Correa & Martinez Trial Lawyers is a boutique Miami firm that takes on a limited number of cases at a time, so clients get direct access to their attorneys rather than a rotating cast of case managers. The firm has recovered millions of dollars for injured clients across South Florida, and about 90 percent of those cases settle without ever reaching a courtroom.

When an insurer or manufacturer refuses a fair resolution, Correa & Martinez does not hesitate to take a case to trial. Clients can reach the firm directly at any stage of a mass tort claim, and every case is handled with the same transparency and honesty on which the firm has built its reputation in the community it calls home.

If you believe you or a loved one was harmed by a dangerous drug, defective medical device, or toxic exposure, contact Correa & Martinez Trial Lawyers at (305) 902-6110 or visit us at 9495 Sunset Drive, Suite B-230, Miami, Florida 33173 to discuss your case.

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FAQs

How long do I have to file a mass tort claim in Florida?

What is the difference between joining an existing MDL and filing an individual lawsuit?

Do I need to stop using a product to file a mass tort claim?

How are damages calculated in a mass tort case?

What does it cost to hire a mass tort attorney?

How long does a mass tort case take to resolve?

How long do I have to file a mass tort claim in Florida?

Deadlines vary by the type of claim and, for cases against the federal government, such as Camp Lejeune claims, by the specific statute involved. Because these deadlines can be strict and case-specific, it is important to speak with an attorney as soon as possible after learning of your injury.

What is the difference between joining an existing MDL and filing an individual lawsuit?

Joining an existing MDL means your case shares pretrial proceedings, like discovery and expert testimony, with similar cases already filed against the same defendant. Your case still resolves on its own facts and its own timeline; it simply benefits from evidence and rulings already developed in the broader litigation.

Do I need to stop using a product to file a mass tort claim?

Not necessarily, but you should never stop or change a prescribed medication or medical treatment without first consulting your doctor. Whether to continue use is a medical decision, separate from your legal claim.

How are damages calculated in a mass tort case?

Damages are based on your individual medical records, lost income, and the severity of your specific injury, not a flat amount divided among all plaintiffs, which is what distinguishes mass torts from class actions.

What does it cost to hire a mass tort attorney?

Correa & Martinez Trial Lawyers handles mass tort cases on a contingency basis, meaning there is no upfront cost, and legal fees are only owed if the firm recovers compensation on your behalf.

How long does a mass tort case take to resolve?

Timelines vary widely depending on the litigation, the number of cases involved, and whether the defendant is negotiating a broader settlement. Some mass torts resolve in a year or two; others, particularly large pharmaceutical or device litigations, can take several years.

Disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.

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