Mass Tort Lawsuits

Mass tort lawsuits are complex cases involving multiple plaintiffs who have been injured by a single product or event, such as a defective drug or product or a major environmental accident. The victims in these cases typically seek compensation from the responsible party, which may be a company, an individual, or a government agency.

Mass tort lawsuits can involve thousands of potential plaintiffs. The benefit of this option is that these injured parties will pool their resources when investigating and proving their case instead of having to do so individually. If a party is found to be responsible for the harm caused, however, claims for damages are handled separately.

Mass tort lawsuits can be filed for any type of negligence that results in a person’s injury. Some types of mass tort cases are more common than others. Some of the most common types of mass tort cases we handle on behalf of clients include defective products, defective medical devices, and dangerous drugs.

Current National Mass Tort Lawsuits

Powell & Majestro is currently investigating and filing lawsuits relating to the following mass tort litigations.

PFAS

Individuals who have been exposed to PFAS chemicals and subsequently diagnosed with PFAS-related health conditions.

Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), are  per-and polyfluorinated alkylated substances (PFAS) used to create many nonstick, stain resistant, and waterproof products.  They are also used in the manufacturing of aqueous film-forming foam (AFFF), a water-based firefighting agent used to control and extinguish Class B fuel fires.  PFAS chemicals are frequently referred to as “forever chemicals.”  The Environmental Protection Agency (EPA) declared PFOA and PFOS as hazardous.

The United Nations Human Rights Council stated that DuPont and Chemours have produced and profited from PFAS for decades, leading to global contamination.

The manufacturers knew or should have known that these toxic chemicals would contaminate the environment and create a public health hazard. Cities, towns, and neighborhoods surrounding locations where AFFF was utilized have reported contaminated groundwater and soil in their communities. Studies have linked these chemicals to a variety of adverse health effects, including various cancers (kidney and testicular), ulcerative colitis, and hypothyroidism.

A federal MDL has been created to facilitate this complex litigation. In Re Aqueous Film-Forming Foams Prod. Liab. Litig., D.S.C., No. 2:18-mn-02873). The litigation was initially focused on governmental entities and the improvement of testing and infrastructure to ensure safe drinking water, however, the focus has shifted to personal injury and wrongful death cases.

Powell & Majestro is currently investigating PFAS lawsuits for individuals who have been exposed to PFAS chemicals and subsequently diagnosed with a PFAS-related health condition.

Social Media

Throughout the country, there are families who have been impacted by social media addiction among young users. The Defendants targeted children as a core market – they designed, engineered, marketed, and operated their products to maximize the number of children who download and use them compulsively. This exploitation has become central to their profitability while creating a youth mental health crisis.

More and more users are filing lawsuits to seek justice and recover compensation for the harm they have suffered due to the negligence of these social media platforms. Excessive amounts of social media exposure among children have led to various forms of harm, including: cyberbullying, fear of missing out, comparisons, and self-harm and suicide.

Our firm is committed to ensuring that the victims of social media addiction get full and fair compensation for damages like medical treatment, psychological care, emotional distress, pain and suffering, and more.

A federal MDL has been created to facilitate this complex litigation against social media companies, including Meta (Facebook and Instagram), TikTok, Snap, and YouTube. In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, Case No., MDL No. 3047, Northern District of California.

Time Limits for Filing a Mass Tort Cases

Anyone injured due to a defective product or dangerous drug will have to comply with state laws to timely file their case. In West Virginia, injured parties have two years from the date they learned of the defect to take action.

Powell & Majestro P.L.L.C. represents clients in West Virginia and throughout the country. If injured in a state other than West Virginia, different laws may apply, potentially including a shorter statute of limitation for filing suit. Consulting an attorney as early as possible is critical to avoid missing your opportunity to be compensated.

Mass Tort Lawsuits in West Virginia: An FAQ

What is a Mass Tort Lawsuit in West Virginia?

A mass tort lawsuit is a civil action that involves numerous plaintiffs who have suffered similar, but individually distinct, injuries. These claims are filed against a single defendant or a small group of defendants whose reckless, negligent, or wrongful conduct caused the widespread harm.

Unlike simple personal injury cases, mass torts involve injuries that stem from a common source, such as a dangerous drug, a defective medical device, a man-made disaster, or widespread toxic contamination.

The purpose of consolidating these claims is not only to streamline the legal process but also to pool resources for evidence gathering, expert testimony, and proving core issues like the defendant’s negligence and the dangerousness of their product or conduct. In West Virginia, these lawsuits are essential mechanisms for holding large corporations accountable when their actions harm large groups of people.

How is a Mass Tort Lawsuit Different from a Class Action in West Virginia?

The core distinction between a mass tort and a class action lies in the treatment of the individual plaintiff and the resulting damages.

In a class action, the court treats the entire group of plaintiffs as a single entity. All members share a single verdict or settlement amount, typically resulting in standardized, lower payouts for common injuries or economic damages.

In a mass tort, the claims are grouped together for pre-trial discovery and liability rulings, but the plaintiffs remain individuals regarding causation and damages. Each person pursues their own unique financial recovery based on the severity of their specific injuries, medical bills, and pain and suffering. This individualization is crucial in cases involving defective medical devices or pharmaceutical drugs, where the harm caused to one person can be dramatically different from another. West Virginia’s legal system recognizes and manages both types of litigation but applies different rules to each.

What is the West Virginia Mass Litigation Panel (MLP)?

West Virginia utilizes a dedicated judicial body, known as the Mass Litigation Panel (MLP), to handle complex, large-scale civil lawsuits like mass torts. The Panel was established by the Supreme Court of Appeals of West Virginia under the authority of West Virginia Trial Court Rule 26.

The MLP is designed to manage cases that share common questions of law or fact and involve a sufficiently large number of plaintiffs to threaten the efficient operation of the state’s ordinary circuit courts. The Panel consists of seven circuit court judges, appointed by the Chief Justice, who oversee and coordinate all pre-trial aspects of these complex cases.

This specialized system allows for a uniform, organized approach to discovery, motion practice, and case management, ensuring that both plaintiffs and defendants receive fair and streamlined judicial attention.

How are Mass Tort cases referred to the MLP under Rule 26?

The process for referring a case to the West Virginia Mass Litigation Panel (MLP) is governed by Trial Court Rule 26. When a plaintiff or defendant believes a case qualifies as mass litigation, they can file a formal motion asking for the action to be referred to the Panel. The MLP reviews this motion and determines if the threshold requirements are met.

The case must involve common questions of law or fact under certain circumstances defined by the Rule. These circumstances include: a mass accident, a personal injury mass tort involving a mass-produced product, a property damage mass tort, or multiple claims based on economic loss or property damage.

Once referred, a single Presiding Judge from the Panel is assigned to oversee the litigation. This judge manages the consolidated discovery, expert witness challenges, and other preliminary matters that affect all plaintiffs, setting the stage for eventual individual settlements or trials.

What are the most common types of Mass Tort cases filed in West Virginia?

West Virginia’s history, marked by industrial and corporate activity, makes toxic torts and product liability claims exceptionally common mass tort types in the state.

Historically significant cases include those related to asbestos exposure, particularly among industrial and railway workers (often processed under the Asbestos-FELA Mass Litigation dockets). The state has also been a central forum for litigation involving pharmaceutical and medical device defects, such as claims related to transvaginal mesh, defective hip replacements, and dangerous drugs.

Most notably, West Virginia has dealt extensively with toxic torts stemming from widespread chemical contamination, such as the PFOA (C-8) lawsuits in the Mid-Ohio Valley. Additionally, the state has played a key role in the national Opioid litigation against manufacturers and distributors for their contribution to the addiction crisis.

What is the Statute of Limitations (SOL) for a Mass Tort in West Virginia?

In West Virginia, the general statute of limitations (SOL) for personal injury claims, including most mass torts like product liability and negligence, is two years. This means a plaintiff typically has two years from the date their injury occurred or from the date their claim accrued to file a lawsuit in state court.

Missing this deadline is usually fatal to a case, as the defendant can use the expired statute of limitations as an absolute defense to dismiss the claim. Applying this deadline in complex mass torts is often difficult because injuries (especially those from toxic exposure or defective drugs) may not manifest immediately. This is where the crucial “Discovery Rule” comes into play, creating exceptions to the standard start date of the two-year clock, a concept essential to understanding mass tort claims in the state.

How does the “Discovery Rule” affect the statute of limitations in WV mass torts?

The Discovery Rule is a critical legal principle in West Virginia, particularly for mass tort cases involving latent injuries, such as those caused by chemical exposure or defective drugs.

Under this Rule, the two-year statute of limitations clock does not begin running on the date of the exposure or product use. Instead, it starts on the date when the plaintiff knew or reasonably should have known two things: first, that they had been injured, and second, that their injury was caused by the wrongful conduct or product of another party.

For example, a person exposed to a toxic chemical in 1990 who is only diagnosed with a related cancer in 2025 would likely have their two-year deadline start in 2025, when the injury and its likely cause were discovered, not 1990. This exception is vital for protecting the rights of individuals harmed by harms that take years or decades to develop.

What is Multidistrict Litigation (MDL), and is it relevant in West Virginia?

Multidistrict Litigation (MDL) is the federal court equivalent of West Virginia’s state-level Mass Litigation Panel (MLP). When mass tort cases involving common questions of fact are filed across multiple federal districts, the Judicial Panel on Multidistrict Litigation (JPML) can consolidate them into a single federal court for coordinated pre-trial proceedings.

MDLs are incredibly relevant to West Virginia residents, as many of the largest mass torts (like those involving Roundup, defective hip implants, or certain drugs) are national in scope and organized into MDLs. A West Virginia resident with a claim against a national manufacturer may have their case transferred to an MDL in a different state, but the case will still be handled by a West Virginia attorney working alongside national co-counsel.

What types of damages can I recover in a West Virginia Mass Tort case?

A successful plaintiff in a West Virginia mass tort case can recover various types of damages, generally categorized as economic and non-economic.

Economic damages compensate for quantifiable financial losses. These can include past and future medical expenses (hospital stays, surgeries, therapy, medication), lost wages, and loss of future earning capacity if the injury resulted in permanent disability.

Non-economic damages compensate for subjective, non-monetary losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.

Furthermore, in cases where the defendant’s conduct was particularly egregious, willful, or malicious, the court may also award punitive damages. Because mass tort damages are individualized, the specific award size depends entirely on the unique facts, evidence, and impact of the injury on the specific plaintiff.

Who are the typical defendants in a West Virginia Mass Tort action?

The defendants in West Virginia mass tort actions are almost exclusively large, powerful, and well-funded corporate entities—the manufacturers, distributors, or companies responsible for the widespread harm.

They typically fall into several categories: Pharmaceutical Companies (responsible for dangerous drugs like Xarelto or Zofran), Medical Device Manufacturers (responsible for defective devices like IVC filters or transvaginal mesh), Chemical Companies (responsible for toxic exposure like the C-8 contamination or widespread benzene exposure), and Industrial Corporations (responsible for environmental contamination or widespread occupational injuries like asbestos-related diseases).

These defendants often have extensive resources and dedicated legal teams. This is precisely why the consolidation of individual claims into a mass tort is necessary to level the legal playing field for the injured parties.

What role did West Virginia play in the nationwide Opioid Mass Tort litigation?

West Virginia played a major, indeed central, role in the national opioid mass tort litigation, reflecting the state’s severe struggle with the crisis. Because the state was disproportionately impacted by opioid addiction and overdoses, it became one of the key venues for litigation against drug manufacturers (like Purdue Pharma), distributors (like McKesson and AmerisourceBergen), and pharmacies.

Many of the state’s claims were initially filed and managed through the state’s Mass Litigation Panel, or consolidated in federal court as part of the massive national MDL.

The state and its counties sought to recover massive costs incurred from fighting the epidemic, including money spent on emergency services, treatment programs, and law enforcement. The resulting settlements and verdicts have led to the creation of abatement funds specifically earmarked to combat the opioid crisis within West Virginia communities.

What is the significance of the C-8/PFOA toxic tort cases in Parkersburg, WV?

The C-8/PFOA toxic tort cases originating in the Parkersburg, West Virginia area are one of the most significant environmental mass torts in U.S. history. The lawsuit alleged that the DuPont Washington Works plant released perfluorooctanoic acid (PFOA), also known as C-8, into the water supply of surrounding communities over decades. This chemical was linked to several serious diseases, including testicular and kidney cancers, ulcerative colitis, and thyroid disease.

The litigation was initially pursued as a class action focused on securing medical monitoring for affected residents, which ultimately led to the largest chemical contamination settlement in history at the time. The success of the initial suit then paved the way for thousands of subsequent individual personal injury mass tort claims filed by residents who developed C-8-related illnesses, highlighting the power of mass torts to address long-term, widespread environmental harm.

What is a “Bellwether Trial” and how is it used in WV Mass Litigation?

A “bellwether trial” is a test case selected by the presiding judge of a mass tort litigation (either the MLP in the WV state court or an MDL in federal court) to go to trial before the others. The bellwether case is chosen because it is considered representative of the broader pool of plaintiffs’ claims, injuries, and legal arguments.

The goal is two-fold: to gather information about how juries will respond to key evidence and witnesses, and to pressure both sides—plaintiffs and defendants—to settle the remaining claims. The outcome is critical in setting the value and predicting the outcome of the thousands of cases still pending in the litigation.

How long does a Mass Tort lawsuit typically take to resolve in West Virginia?

The resolution time for a mass tort lawsuit is significantly longer than for a typical individual personal injury case, generally taking anywhere from three to seven years, or even longer.

The process is lengthy because it involves massive amounts of consolidated discovery, complex scientific and expert testimony, and lengthy challenges to the admissibility of evidence (known as Daubert hearings). The West Virginia Mass Litigation Panel helps coordinate the state-level process, but national MDLs often dictate the pace.

Resolution often depends on whether a major global settlement is reached early or if the court must proceed through multiple bellwether trials to force a settlement agreement. Plaintiffs should expect a multi-year commitment when joining a mass tort.

Do I need a local West Virginia lawyer, or can an out-of-state firm handle my mass tort case?

While many mass tort cases involve claims against national or international corporations and are handled by large, multi-state legal teams, it is highly beneficial to have representation that includes experienced West Virginia lawyers.

The reason is two-fold: First, if your case remains in the state system and is assigned to the Mass Litigation Panel, a local lawyer will have crucial knowledge of Trial Court Rule 26 procedures, the MLP judges, and the state-specific court rules. Second, local counsel provides knowledge of unique West Virginia laws, such as the nuances of the Discovery Rule as interpreted by the state’s Supreme Court, and a better understanding of how local juries may react to the facts. Partnering with a respected local West Virginia firm ensures your case is optimized both nationally and locally.

Powell & Majestro P.L.L.C. Fights for Fair Damages in Mass Tort Cases

Since 2002, the personal injury attorneys at Powell & Majestro P.L.L.C. have been fighting on behalf of injury victims throughout West Virginia and the rest of the country. Our firm has an intimate understanding of this state’s mass tort rules and procedures and takes pride in its strong advocacy on behalf of clients who have suffered physically, emotionally, and financially due to the negligence of big business.

We understand that not every law firm has the resources or background to take on mass tort clients. Many of our clients come to us from professional referrals. Whether you are an attorney who would like to make a referral or an individual who has been seriously hurt, contact our office so we can learn more about the situation and determine how we can help.

Please call (800) 650-2889 or contact us online to schedule a free initial consultation in our Charleston offices. Video consultations are available for individuals who reside outside of Charleston.