David Williams, the president of the Taxpayers Protection Alliance (TPA), a non-profit organization that provides analysis on the government's impact on the economy, has expressed concerns over mass tort litigation. In an opinion piece for the Washington Examiner, Williams noted that while such lawsuits can enrich lawyers, they ultimately cost the public money. He also pointed out that these lawsuits are increasingly being funded by third-party investors.
"All Americans are paying for mass tort lawsuits — even those who have never heard of this type of litigation," Williams said. "These profit-driven legal maneuvers can make attorneys wealthy, but they drain everyone else’s economic resources. Although some cases are legitimate, many are instigated by attorneys, not the allegedly injured parties, who use giant advertising campaigns to locate people they can claim have suffered harm. It’s a complete reversal of the normal legal process, which begins with the injured party going to an attorney for help."
Williams explained that mass tort lawsuits involve multiple plaintiffs seeking damages from defendants—often corporations—for harm caused by a product. This type of lawsuit has grown in popularity due to increased funding from third parties. These investors provide attorneys with upfront funds needed to advertise to potential plaintiffs through television and social media. According to Williams, regulations allow these investors to remain anonymous while manipulating cases without disclosure or responsibility.
In his article, Williams pointed out how public consumers are affected by inflated prices due to these lawsuits. "Industries that supply consumers with products in diverse fields including medicine, automotive manufacturing, and agriculture are forced to build potential liability damages into the cost of their goods," he said.
The TPA president also revealed that Wall Street funding for mass tort litigations more than doubled between 2017 and 2021. During this period, firms spent $6.8 billion on 77 million legal ads on television. Such large advertising campaigns can potentially influence juries or pressure defendants into settling. Many corporations choose settlement as a less expensive option than court battles.
According to a report by The Wall Street Journal, mass tort litigation contributed to a 24% increase in federal lawsuits from 2022 to 2023. Investors, including hedge funds and private equity firms, have loaned as much as $100 million to individual law firms and can receive up to 20% of the final settlement in return. Michael McDonald, a partner at the financial advisory firm Morning Investments, confirmed that it is common for law firms to accept investor funding for mass tort litigation. "In almost all the mass tort cases, you can find big law firms that have taken it, or if they haven’t, they’ve considered it," said McDonald. "This is a space that is under the radar, but there are a lot of big players in it. Some of the biggest private-equity firms are dipping their toes in the area."
Williams has spent three decades in Washington, D.C., working to expose government waste, according to the TPA website. He has participated in government waste panels in South Korea and France and advised taxpayer groups around the world. His work has been featured in The New York Times and on numerous radio and television outlets.