What a Mass Tort Is
"Mass tort" is the term for cases where many people say the same product, chemical or company harmed them. Each person's claim is their own, with their own injuries, their own medical history and their own losses.
Mass tort cases may be coordinated in a federal multidistrict litigation (MDL), where related lawsuits are handled together for certain pretrial proceedings.2 Unlike a typical class action, mass tort plaintiffs generally keep individual claims based on their own injuries and circumstances.3 Being part of an MDL does not mean a person will be paid, and each claim must meet the legal requirements that apply to it.4
You don't have to sort out the legal side on your own. Your first job is the care that you or your family member needs.
What to Do If You Think a Product or Substance Hurt Your Family
- Get medical care. Call 911 in an emergency. Keep every appointment, test and follow-up your doctors order.
- Bring questions about a medicine or product to your doctor. Don't change a treatment plan on your own because of a lawsuit or an ad.
- Ask for copies of your records. Medical records, test results and the date of each diagnosis can all matter later.
- Write down the history. Note what the product or substance was, where you were around it, and for how long. Rough dates are fine.
- Keep what you have. Hold on to packaging, letters, notices, bills and work records. A family member can gather these while you focus on treatment.
- Be careful what you sign. Many people talk with a lawyer before signing a release.
Deadlines Still Apply to Each Person
Every mass tort claim has its own filing deadline.1 South Carolina generally provides a three-year limitations period for personal injury lawsuits, but other states' laws or special federal rules may apply depending on the product, exposure, location and circumstances.5
Joining a mass tort investigation, contacting a law firm, or learning that a federal multidistrict litigation (MDL) is underway does not automatically stop the limitations clock.1 A deadline generally means filing a lawsuit in court, and opening an insurance claim does not stop it.6
Under South Carolina's discovery rule, the filing period generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury. A later diagnosis or discovery of additional information does not automatically restart the deadline. Different accrual rules may apply to claims governed by other laws.7
Because mass tort claims can involve different states and legal rules, it is important to have the applicable deadline looked at promptly.5
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
The Mass Tort Cases We Take
- Firefighting foam (AFFF) claims, for firefighters and families with a history with the foam
- Social media harm to children, written for parents
- Toxic exposure claims in South Carolina, for harm from a chemical, contaminated water or a single site
Talk With Us
We start by listening. We want to know who was hurt, what the diagnosis is, and what product or substance may be involved. Your claim is about your family, and we treat it that way. We talk with you.
The firm is based in Charleston and takes mass tort cases from families across South Carolina.
Some firms only take certain diagnoses or certain kinds of exposure.
South Carolina Law on This
- Every mass tort claim has its own filing deadline. Joining a mass tort investigation, contacting a law firm, or learning that a federal multidistrict litigation (MDL) or other national litigation is underway does not automatically stop the limitations clock. The applicable deadline depends on the claim and the circumstances.1
- When related federal lawsuits are pending in different parts of the country and involve common questions of fact, the Judicial Panel on Multidistrict Litigation (JPML) may transfer them to one federal district court for coordinated or consolidated pretrial proceedings. This process is called multidistrict litigation, or an MDL. It allows the court to manage shared issues, such as evidence gathering and discovery, more efficiently while the individual lawsuits ordinarily remain separate cases.2
- Multidistrict litigation (MDL) is different from a class action. In a class action, one or more plaintiffs seek to represent a larger group of people, and the court must certify the class under applicable legal requirements. In an MDL, related federal lawsuits are brought together for coordinated or consolidated pretrial proceedings, while the individual cases ordinarily retain their separate legal identities. An MDL can also include class actions, but participation in an MDL does not automatically make an individual lawsuit part of a class action.3
- Lawsuits grouped together in federal multidistrict litigation (MDL) ordinarily retain their separate legal identities. Although the court may coordinate discovery and other pretrial proceedings, each plaintiff's case remains a separate lawsuit involving its own facts, alleged injuries, and evidence. Participation in an MDL does not automatically determine the outcome of an individual claim.4
- South Carolina generally provides a three-year limitations period for personal injury lawsuits, but in mass tort and similar cases other states' laws or special federal rules may apply depending on the product, exposure, location and circumstances. A case being transferred to a federal multidistrict litigation (MDL) does not automatically make the law of the MDL court's state apply.5
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.6
- Under South Carolina's discovery rule, the three-year period for most personal injury lawsuits generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury. The person does not necessarily have to know the full extent of the injury, exactly who caused it, or every legal claim. A later diagnosis or discovery of additional information does not automatically restart the deadline, and different accrual rules may apply to claims governed by other laws. Determining when the period begins can be especially complicated for illnesses diagnosed years after exposure.7
- South Carolina generally provides a three-year limitations period for personal injury claims, but special rules may apply when the injured person is a minor. Some deadlines may be extended because of the child's age, subject to statutory limits and exceptions, while claims belonging to parents may have different deadlines.8
- Under South Carolina law, wrongful death lawsuits generally must be filed within three years of death and are ordinarily brought by the estate's personal representative on behalf of eligible family members. Different deadlines and procedures may apply when another state's law governs or depending on the defendant.9
- Exposure to a potentially harmful substance does not automatically establish a personal injury claim. The type and extent of exposure, the medical diagnosis, the available scientific evidence and the applicable law all matter, and a confirmed diagnosis and supporting medical records may be needed to evaluate an injury claim. Some cases may involve claims for property damage or other losses even without a diagnosed physical injury.10
Frequently Asked Questions
I saw an ad about one of these lawsuits. Do I just add my name?
Not exactly. Whether you have a claim depends on your own facts, injuries and records, and only a conversation with a lawyer can sort that out. If an ad made you think of someone in your family, write down what you remember about the product or exposure, and talk with a lawyer about it.
My child was the one who was hurt. Where do we start?
If your child is in danger right now, call 911. After that, follow your child's doctors' plan and keep copies of the records. Filing deadlines apply to claims for children too, though special rules may apply when the injured person is a minor.8 Ask a lawyer about the timing for your child's claim. Our page on social media harm to children covers one kind of case parents call about.
What if the person who was hurt has died?
A wrongful death claim may be available when a person's death was legally caused by a defective product, toxic exposure or another wrongful act. Under South Carolina law, wrongful death lawsuits generally must be filed within three years of death and are ordinarily brought by the estate's personal representative. Different deadlines and procedures may apply when another state's law governs.9 Our page on wrongful death claims in South Carolina explains more.
Does exposure to a dangerous chemical mean I have a lawsuit?
Not necessarily. Exposure alone does not automatically establish a personal injury claim. The type and extent of exposure, medical diagnosis, available scientific evidence and applicable law all matter. Some cases may involve claims for property damage or other losses even without a diagnosed physical injury.10 A lawyer can look at which legal theories may apply.
My water utility sent a letter about PFAS. Does that mean I have a claim?
A letter alone cannot answer that. It depends on your own exposure and health, which is something to talk through with a lawyer. Keep the letter anyway, and keep your water bills, because where your water came from can matter later.
Sources
- S.C. Code §§ 15-3-530 and 15-3-535; 28 U.S.C. § 1407(a)
- 28 U.S.C. § 1407(a)
- Fed. R. Civ. P. 23; Gelboim v. Bank of America Corp., 574 U.S. 405 (2015)
- Gelboim v. Bank of America Corp., 574 U.S. 405 (2015)
- S.C. Code § 15-3-530(5); 28 U.S.C. § 1407
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code § 15-3-535
- S.C. Code §§ 15-3-40 and 15-3-530(5)
- S.C. Code §§ 15-3-530(6), 15-51-10 and 15-51-20
- Sean Hall's Nov 5 review (product liability and toxic tort causation principles)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
