Tort Reform and Mass Torts: Tobacco as an Example

Abstract

As data regarding the U.S. tort liability system become more refined and dependable, evidence of the importance of mass torts is emerging. Much of the impetus for and debate surrounding tort reform. however, has focused on individual tort claims. The purpose of this research is to consider the unique characteristics of mass torts. particularly those that generate from latent injuries, with regard to the likely effect of currently popular tort reforms. The various tobacco litigation efforts are employed as mechanisms within which to undertake this consideration. The results indicate that care in designing tort reforms is necessary if modifications are to be effective in reducing the litigation costs associated with mass torts. Furthermore, research into the social benefit of various system structures currently being debated is warranted. The risk management and insurance community is interested in the debate and related reforms, both for purposes of reducing costs and for the purpose of increasing certainty of liability outcomes.

Commentary: Standard of Care During a Crisis: What Should a Surgeon Know (and Do)?

“…These injuries and harms increase the burden of healthcare across society, which is what renders them “public.” Suits against cigarette manufacturers to recover the costs of treating lung cancer serve as one example of litigation for a public tort. 13,14 Public torts may become a factor in medical liability claims for injury or harms to society arising during a crisis. In this regard, if not others, they might affect the standard of care: an act that satisfies the standard of care in ordinary times may not satisfy the standard of care during a crisis, especially if an utilitarian rule (the standard of care requires each physician and surgeon to pursue the greatest good for the greatest number) is applied uncritically as the basis for a public tort.…”