Championing Justice in Mass Tort Litigation

Mass tort practice is a powerful area of civil litigation where numerous plaintiffs—who have suffered similar injuries from the same product, drug, device, defective consumer good, or corporate misconduct—file individual claims that are often consolidated for efficiency in multi-district litigation (MDL). Unlike class actions, each plaintiff's case remains separate, allowing tailored compensation based on unique damages while sharing common evidence and legal strategies against powerful defendants like pharmaceutical companies or manufacturers.

This practice matters profoundly because it levels the playing field against large corporations, enabling individuals—who might lack resources for solo lawsuits—to seek accountability and compensation for harms like defective medical devices, dangerous drugs, toxic exposures, or faulty products. Mass torts drive corporate reform, prevent future injuries, secure billions in settlements (as seen in opioid crises or major product recalls), and provide access to justice for communities affected by widespread negligence.

• Substantial Client Recoveries: Success means securing significant individual settlements or verdicts for plaintiffs, often in the thousands to millions per case, through strong bellwether trial outcomes that set favorable precedents and pressure defendants into fair global resolutions.
• Efficient Resolution and Accountability: It looks like streamlined multidistrict proceedings that resolve thousands of claims effectively, holding defendants financially and publicly responsible while minimizing prolonged litigation and delivering timely compensation to injured parties.
• Systemic Impact and Prevention: Top results include driving industry changes—such as product recalls, safety improvements, or policy shifts—and deterring future misconduct, ultimately protecting public health and safety on a broad scale while building lasting client trust through compassionate, results-driven representation.

A recent example of mass tort litigation is the 3M Combat Arms Earplug cases, involving thousands of U.S. military veterans and service members who alleged that defective dual-ended earplugs caused permanent hearing loss and tinnitus due to improper design and failure to provide adequate protection.

This multidistrict litigation (MDL) consolidated claims against 3M (which acquired Aearo Technologies), accusing the company of knowingly selling faulty earplugs to the military from 1999 to 2015 without disclosing defects. It grew to over 290,000 claims, making it one of the largest mass tort resolutions in history.

The matter matters because it demonstrates mass tort's role in achieving accountability for widespread harm to a vulnerable group (military personnel), pressuring a major corporation to provide substantial compensation, and highlighting product liability issues in government contracts. The settlement provided financial relief for injuries that affected veterans' quality of life and spurred broader scrutiny of military equipment safety.

• Massive Financial Recovery: In 2023, 3M agreed to a global settlement valued at approximately $6 billion (initially including cash and stock, later converted fully to cash), with payouts beginning in 2024 and continuing through 2025–2026. By late 2025 and into 2026, over $3 billion had been distributed to claimants via programs like the Expedited Pay and Deferred Payment options, delivering meaningful compensation to hundreds of thousands of veterans.
• Efficient Multidistrict Resolution: Success manifested through streamlined administration (via a special master and portal system), high participation rates (nearly 100% for many claimant categories), and avoidance of prolonged individual trials after early bellwether outcomes pressured settlement—resolving claims far more quickly than separate lawsuits could have.
• Broader Accountability and Deterrence: The resolution held 3M publicly and financially responsible for alleged misconduct, leading to significant payouts without full admission of liability, while encouraging improved safety standards in defense products and reinforcing that mass torts can drive corporate reform even against large defendants.

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