Mass Torts
There are a number of Track IV cases that have been designated by the Supreme
Court, pursuant to R. 4:38A, mass tort guidelines and AOC Directive #11- 03, as “mass
torts” and/or approved for centralized case management. A copy of the guidelines,
approved by the Supreme Court on October 23, 2003, appears in the appendix.
Mass tort cases are groups of cases filed in a number of counties and assigned to a
single designated judge for centralized case management. These mass tort judges have
specialized expertise in the handling of such cases. There are currently three mass tort
sites in New Jersey located in Atlantic, Bergen and Middlesex Counties.
In New Jersey, there is no definition of a mass tort. Each group of cases that
ultimately are designated as a mass tort do, however, bear a number of common
characteristics, as noted in the attached guidelines. There have been three general classes
of cases determined thus far in New Jersey to be mass torts. These include:
large numbers of claims associated with a single product: For example, diet
drugs or other large products liability cases such as tobacco, Norplant, breast
implant, asbestos, Propulsid, Rezulin, PPA and latex litigation.
mass disasters: These cases are characterized by a commonality of technical
and legal issues. The Durham Woods pipeline explosion litigation is a good
example of this type of case.
complex environmental cases and toxic torts: These cases are characterized by
a large number of parties with claims arising from a common event. An
example of this type of case is the Ciba-Geigy litigation.
Some of the possible characteristics of a mass tort include:
large number of parties involved;
many claims involving common, recurrent issues of law and fact that are
associated with a single product, mass disaster, or very complex environmental
or toxic tort;
geographical dispersement of parties;
parties having common injuries and damage issues;
value interdependence between different claims, that is, causation and liability
aspects are often dependent upon the success or failure of similar lawsuits in
other jurisdictions; and
degree of remoteness between the court and actual decision-makers in the
litigation - i.e., the fact that the simplest of decisions often must pass through
layers of local, regional, national, general and house counsel.
The cases currently designated as mass torts are:
Accutane (271) – actions against the manufacturers of Accutane and others for
damages arising from its use.
Asbestos (601) - actions against the manufacturers, suppliers, distributors or
others for damages arising from the exposure to asbestos.
Bextra/Celebrex (272) – actions against manufacturers of the drugs Bextra and
Celebrex and others for damages allegedly caused by ingestion of one or both of
these drugs.
Ciba Geigy (248) - actions for damages or medical monitoring arising out of the
environmental contamination of the byproducts of chemical manufacturing in
Toms River, New Jersey.
Depo- Provera (276) – actions for damages or medical monitoring arising out of
the use of the contraceptive Depo-Provera.
Diet Drug (240) - actions against manufacturers, suppliers, distributors, and others
for damages due to the use of the diet drugs Redux or Phen-Fen.
HRT (Hormone Replacement Therapy) (266) – actions against manufacturers,
sellers, distributors or others for damages arising from the use of Hormone
Replacement Therapy.
Lead Paint (702) – actions by municipalities against various manufacturers and
distributors of lead-based paint seeking damages including costs of detecting and
removing lead- based paint, for providing medical care to lead-poisoned residents
and for developing public education programs concerning the hazards of lead-
based paint.
Manufactured Gas Plant Litigation (268) – actions arising from the emission of
chemicals into the environment by manufactured gas plants over numerous years.
Ortho- Evra (275) – actions against the manufacturer and others for damages
arising from the use of the Ortho-Evra Birth Control Patch.
PPA - (Phenylpropanolamine) (264) - actions against the manufacturers, sellers,
distributors or others for damages arising from the use of PPA, an ingredient in
over-the-counter cold and weight- loss mediations.
PPA Coverage (267) – actions relating to insurance coverage issues involving
PPA.
Risperdal/Seroquel/Zyprexa (274) – actions against the manufacturers and
others of the drugs Risperdal/Seroquel/Zyprexa for damages arising from their
use.
Tobacco (241) – actions against manufacturers and others of tobacco products for
damages arising from use and exposure to them.
Vioxx (619) - actions against the manufacturers, suppliers, distributors or others
for damages arising from the use of the drug Vioxx, an anti-inflammatory
medication used to treat arthritis and menstrual pain.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
