Mass Tort Statistics in Texas
Although there are different ways of conducting a mass tort case, it is crucial that essential case decisions are made based on verifiable data. Getting helpful information and trends based on statistics gathered about tort claims can help concerned parties learn about the nature of mass tort and how it compares to other torts. It also exposes litigants to the possible consequences of specific steps when handling a mass tort case.
What Is the Number of Mass Tort Cases Annually in Texas?
Mass tort cases are claims instituted against an entity or group of entities by several persons who have suffered similar bodily harm or illness due to the entities’ actions or inactions. Situations that can trigger mass tort actions include exposure to toxic chemicals, dangerous products, defective drugs, and faulty medical equipment.
In 2021, District and Statutory County Courts in Texas recorded 834 active cases of asbestos exposure and 725 product liability cases. In 2020, the number of cases was 1,175 and 763, respectively. Meanwhile, in 2019, the courts handled 847 asbestos cases and 739 other product liability cases. When compared to statistics from the last five years, filings for asbestos cases dropped by 57% in 2020, and the same was the case for other product liability cases, which dropped by 22%.
What Is the Most Common Tort?
The most common kind of tort is negligence. According to the Bureau of Justice Statistics, nearly 20% of the civil cases disposed of by U.S District Courts are torts in which the plaintiff's claims were based on injury or loss resulting from the defendant's negligence. Negligence constitutes the core of several tort claims. The most common cases include automobile accidents constituting 60% of claims and premise liability amounting to 17%. Other kinds of cases are product liability (3%), toxic substance (2%), and medical malpractice cases (5%).
Most mass torts may also involve negligence but on a larger scale. That is, an entity or corporation has failed to exercise the degree of care expected of them to prevent or minimize the risk of harm to certain persons. Mass tort claims are generally more complex than other kinds of torts, considering the number of claimants, the amount claimed in damages, and the multijurisdictional nature of the claims. The biggest of such claims, both in Texas and all over the U.S, have been the product liability cases arising from severe health issues caused by exposure to products containing asbestos or silica. Between 1970 and 2002 alone, about 730,000 people in the country instituted such claims, costing defendants over $70 billion in compensation. As of September 2010, Texas courts recorded a total of 10,604 active cases involving asbestos exposure.
Below is a summary of some other notable mass tort cases that have been recorded.
Elmiron
Over 700 claims are pending concerning the dangerous side effects of Elmiron, a medication administered to persons suffering from Interstitial Cystitis (IC). A 2019 research linked the drug with severe visual conditions among victims.3M Earplugs
This is one of the biggest consolidated mass tort cases in the country’s history. It arises from the defendant's production and marketing of defective earplugs, causing severe auditory damage to several active and retired Army service members. Currently, there are 272,416 individual lawsuits against 3M. The case is currently at the bellwether stage, which has produced several notable verdicts, including one of $110 million and another of $55 million.Transvaginal mesh
Transvaginal mesh is a product used in the 1970s to treat pelvic organ prolapse (POP). The use of the product was accompanied by several unannounced complications such as bleeding, infections, scarring, mesh contractions, mesh erosion, and a bowel perforation. Over 104,000 victims filed claims against manufacturers of the product. This cost the companies around $8 billion in settlement costs for the claims.Boys Scout
Thousands of plaintiffs across multiple states filed claims against the boys scout for condoning sexual abuse and protecting its perpetrators. In July 2021, the parties reached a settlement agreement of $850 million for around 60,000 sexual abuse victims.Opioid
The plaintiffs in this mass tort case sued manufacturers of opioids for downplaying the dangerous side effects of the drugs but instead marketed them to the public nonetheless. Settlement negotiations began with over 34,000 municipal entities. In February 2021, Texas and McKinsey, a defendant in the suit, reached a settlement agreement of $38.4 million. Settlement agreements are also in place between 47 states and McKinsey, resulting in an aggregate sum of $573 million.Paragard IUD
The product that forms the subject of this case is Intrauterine devices (IUDs), a T-shaped copper device inserted into the uterus as long-term contraception. However, claims began arising against the brand for failure to warn about the breakage of the device, which could lead to several complications. Currently, there are over 1,000 individual claims pending against the defendant.Talcum Powder
Talcum powder is a commonly used consumer product that is produced and distributed by Johnson & Johnson, a well-known brand. The use of talcum powder and the emergence of ovarian cancer have been linked by research since the 1970s. Currently, the Talcum Powder MDL has about 35,000 cases that are pending. Significant settlement agreements have also been reached, including one for $100 million in May 2022 and another for $26.5 million in 2021.
How Long Do Mass Tort Lawsuits Take?
There is no specific guideline on the duration of a mass tort lawsuit. However, according to the Bureau of Justice Statistics, product liability and medical malpractice cases generally have an average processing time of about two years, while toxic substance cases take an average of 3.5 years. Therefore, mass tort cases can drag out for several years. In fact, re: Asbestos Products Liability Litigation MDL No. 875, the longest-running asbestos case, began in 1991. Several factors affect the timeline of a mass tort case. Notably, cases with more parties, whether claimants or defendants, are likely to take longer to resolve. Likewise, cases involving products that require intensive research to analyze may also take longer.
Additionally, the procedures involved in a mass tort claim generally make it longer to resolve when compared to other kinds of claims. For example, the attorneys will need to compare each plaintiff's evidence for consistency in injuries after evaluating medical records, testimony, and other pieces of evidence pertaining to the plaintiffs' injuries. They then file the lawsuit in a federal court as multidistrict litigation (MDL) proceeding.
Subsequently, a small number of lawsuits will move forward to bellwether trials after filing. These trials serve as a litmus test for the court's decision-making process and potential outcomes for the other litigants. Finally, the lawyers will start negotiating settlements with the defendant. If a plaintiff is not given fair compensation, the matter will move forward to trial, where the judge will decide how much each claim is worth.
It is, however, important to note that in Texas, mass tort claims have a statutory limitation period, that is, a time frame in which the claim must be instituted before a court after the cause of action arises. The limitation period for most torts is two years, while that of product liability is 15 years. For product liability cases, this time begins to count from the date the victim purchased the product. Likewise, for asbestos-related claims, the time begins to count from the date the exposed person died or after the victim serves on the defendant a report containing a diagnosis for a disease caused by the exposure.
Statistics on Tort Claim vs. Lawsuit
Generally, parties in tort cases may either opt for a claim settlement or institute a lawsuit. According to the Bureau of Justice Statistics, around 73% of tort cases are disposed of through agreed settlement. Likewise, tort cases in U.S District Courts have a success rate of 48%. A breakdown of the statistics shows 37% success in medical malpractice claims and 34% in product liability claims. 84% of the tort trial cases resulted in awards averaging $201,000.
Although trial awards are usually higher, established court practices on the valuation of claims can set the pace for settlement negotiations. Also, going to trial attracts several costs, including the cost of representation, conducting the case, and court processes.
Do Most Tort Cases Go to Court?
Only very few tort cases end up in court. According to the Bureau of Justice Statistics, approximately 73% of tort cases are terminated through settlement agreements. Only 3% of tort cases resulted in a trial verdict in the U.S.
Parties to a dispute have several incentives for choosing settlement over lawsuits. They can agree to keep settlements private and avoid unpredictable trial outcomes and delays. Likewise, alternative dispute resolution procedures like voluntary arbitration or mediation may be used in some situations to reach agreements. Also, parties can cut legal costs by embracing settlement.
What Is the Most Common Tort in Texas?
The most common tort cases in Texas include motor vehicle injury, medical and other professional malpractice, and product liability. In 2021, Texas courts recorded a total of 95,948 active cases of motor vehicle incidents, 2,835 of medical malpractice, and 1,559 of product liability. Within the same period, state courts also recorded 29,904 cases of other tort-related injuries and damages.
