How Long Does a Mass Tort Lawsuit Generally Last?

Alexander Popovich | December 15th, 2017

Anyone who has taken prescription medication or been implanted with a medical device knows that each comes with the risk of side effects and serious complications. Over the past few years, Big Pharma has paid out billions of dollars to resolve injury claims alleging deceptive marketing, defective products and failure to warn. The majority of these claims were litigated as mass torts, which involve thousands of plaintiffs who suffered similar harm from a defendant’s product.

As an example, Takeda, maker of diabetes drug Actos, settled bladder cancer claims for $2.4 billion. Various manufacturers of transvaginal mesh agreed to pay over $800 million to women injured by the devices. While these massive payouts speak to a legal system that is fair and just, it is essential to bear in mind that mass torts can, and often do, take years before a settlement is reached or cases go to trial.

Mass tort litigation timelines

Mass torts are a powerful legal tool for claimants who are able to pool resources when fighting a common defendant.  Unlike an individual personal injury claim, which speeds through the court system in a matter of weeks or months, mass torts – given their vast numbers of plaintiffs– are much more complex. It takes a substantial amount of time to investigate and gather evidence that will prove each claimant’s injuries. Moreover, mass torts have other unique processes that take time and money. There are numerous case management and status conferences, the sharing of documents between parties, motions, and the selection of bellwether trial cases.

There is no set rule or guideline that determines how long a mass tort claim will last. Some may reach settlement negotiations within a couple of years, while others can drag out even longer. Asbestos-related mass torts filed more than 40 years ago are still pending in courtrooms today. Fortunately, there is a simple solution for plaintiffs who need financial assistance while waiting for their settlement monies: legal funding.

Lawsuit funding is a type of non-recourse cash advance that helps injured claimants weather the storm while their tort is being litigated. Legal funding is often viewed as a bridge that spans the gap between today’s bills and tomorrow’s verdict or settlement. In many cases, lawsuit cash advances can help mass tort plaintiffs avoid bankruptcy and other consequences of being too injured to work.

Risk-free legal funding

Even when the defendant announces a settlement plan, it can be several years before claimants see a dime of that money. In the meantime, basic living expenses, rent, grocery money, car payments suddenly become too much to bear.

LawStreet Capital is a trusted legal funding provider. If you are a plaintiff in a mass tort and need cash now to make ends meet, we can offer you a risk-free advance that is based on a portion of your anticipated recovery.

Non-recourse means that you, the plaintiff, are not required to pay back the money if your case is lost or dismissed. We assume all risk when advancing money in mass tort cases, and have the resources to help claimants who are in pre-settlement and post-settlement phases.

You do not have to wait years for your claim to settle. Call us today and learn more about our lawsuit funding options and application. Once approved, the money is in your account within 24 hours!

Additional “Mass Tort Lawsuit” Resources:

  1. Cornell Law School, Mass Tort
  2. US Legal, Mass Tort Law and Legal Definition