What are the types of damages compensable in a mass tort?

The types of damages that can be sought in a mass tort action are similar to those in other types of personal injury claims. The goal is to make a plaintiff as “whole” as possible, or to return a plaintiff to the position he or she was in before the harm done by the defendant. Typically, the damages fall within four categories:

• Past and future medical expenses
  Compensation can be sought for emergency care, surgery, hospitalization, medication, assistive devices, rehabilitation and any other reasonably and necessary medical expenses.
• Lost income and diminished future earning capacity
  Coverage of all wages a plaintiff has lost (including bonuses, commissions and fringe benefits) and the loss of any income a plaintiff would have earned in the future.
• Pain and suffering
  Compensation for the physical pain that a plaintiff has suffered as well as scarring, disfigurement, disability, mental anguish, emotional distress and loss of enjoyment of life.
• Loss of consortium
  In some cases, these damages may be sought as well. They are aimed at compensating a victim’s loved one’s for harm done to their relationship, including the loss of companionship and intimacy.

Punitive damages may be sought as well. These damages are sought to punish a defendant for especially egregious misconduct and to deter the defendant from repeating the misconduct in the future. For example, if a medical device company knew a product had a dangerous defect but did nothing to warn patients or doctors about it, it may be the basis for a punitive damages claim.