Mass Tort vs. Individual Lawsuit in Food Poisoning Cases

Reviewed By: The Spiros Law Team | Last Reviewed & Updated: August 6, 2026

Quick Answer

If many people become sick from the same contaminated food, their cases may become part of a mass tort. In a mass tort, each person files their own lawsuit, but the cases are handled together because they involve the same product or outbreak.

This is different from a class action, where one case represents an entire group and everyone shares the outcome.

If your illness came from a single restaurant visit or an isolated incident, you will usually file an individual personal injury lawsuit.

Mass Tort vs. Class Action vs. Individual Lawsuit

Mass Tort

Best for large outbreaks involving many people.

• Each person files their own lawsuit.
• Cases share evidence and pretrial proceedings.
• Compensation is based on each person’s injuries.
• You keep your own attorney and make your own decisions.

Class Action

Less common for food poisoning injuries.

• One lawsuit represents the entire group.
• The group shares the outcome.
• Individual control is limited.
• More common when people suffer financial losses instead of serious injuries.

Individual Lawsuit

Best for isolated food poisoning cases.

• Your case is handled on its own.
• You control settlement decisions.
• Compensation is based on your specific losses.

What Is a Mass Tort?

A mass tort is a group of separate lawsuits involving the same contaminated food or product.

These cases are coordinated because they share many of the same facts, including:

• The same contaminated food or ingredient
• The same bacteria or virus
• A similar time period
• Multiple people becoming sick

Each person’s injuries and damages are still evaluated separately.

Why Food Poisoning Cases Become Mass Torts

Large food poisoning outbreaks often involve:

• A contaminated ingredient supplied to many restaurants or stores
• Illnesses reported across several states
• Public health investigations by government agencies
• Hundreds of affected people

Handling these cases together makes the legal process more efficient while allowing each injured person to pursue their own claim.

What Is a Class Action?

A class action combines many similar claims into one lawsuit.

Everyone in the class shares the outcome, whether it is a settlement or court decision.

Because food poisoning injuries can range from mild illness to permanent health problems, class actions are less common than mass torts for personal injury cases.

When Would You File an Individual Lawsuit?

You will usually file your own lawsuit if:

• You became sick after eating at one restaurant.
• Your illness was not linked to a larger outbreak.
• No recall or public health investigation exists.
• The responsible party is a local restaurant or business.

An individual lawsuit gives you full control over your case and settlement decisions.

How Can You Tell if Your Illness Is Part of an Outbreak?

Your illness may be part of a larger outbreak if:

• Health officials announce an outbreak.
• A food recall involves the product you ate.
• Other people report getting sick from the same restaurant or food.
• Your local health department confirms your illness is part of an investigation.

Steps to Help Protect Your Claim

If you believe contaminated food made you sick:

1. Get medical treatment.
2. Ask about testing to identify the cause of your illness.
3. Save receipts, packaging, and leftover food if possible.
4. Write down what you ate and when symptoms began.
5. Report your illness to your local health department.
6. Contact a personal injury attorney as soon as possible.

What Compensation May Be Available?

Whether your case is part of a mass tort or an individual lawsuit, you may be able to recover compensation for:

• Medical expenses
• Lost wages
• Reduced earning ability
• Pain and suffering
• Long term health complications
• Wrongful death in severe cases

How Long Do You Have to File a Claim?

In most cases, Illinois gives you two years from the date of your injury to file a food poisoning lawsuit.

Because deadlines and procedures can vary, it is important to act before evidence is lost.

Why Choose Spiros Law?

Whether your illness is part of a large outbreak or an isolated incident, Spiros Law investigates the source of the contamination, identifies the responsible parties, and determines whether your case should proceed as a mass tort or an individual lawsuit.

If you became sick after eating contaminated food in Illinois, contact Spiros Law for a free consultation.

Frequently Asked Questions

If I join a mass tort, do I still have my own lawyer?

Yes. Each person keeps their own attorney and pursues compensation based on their individual injuries.

Will I receive less compensation in a mass tort?

Not necessarily. Your compensation is based on your own medical expenses, lost income, and other damages.

How do I know if I am part of a larger outbreak?

Check for public health announcements, food recalls, or reports linking your illness to other confirmed cases.

Can my individual lawsuit later become part of a mass tort?

Yes. If investigators connect your illness to a larger outbreak, your case may later be coordinated with similar lawsuits.

Are class actions common for food poisoning cases?

No. Serious food poisoning claims are more often handled as mass torts because each person’s injuries and losses are different.

Sources

• 735 ILCS 5/13-202 (Illinois Code of Civil Procedure): Mandates Illinois’s two-year statute of limitations for personal injury actions, governing both individual food poisoning lawsuits and mass tort claims.
• 28 U.S.C. § 1407 — Multidistrict Litigation (MDL): The federal statutory framework that allows courts to consolidate mass tort claims across multiple jurisdictions into a single district court for coordinated pretrial discovery.
• CDC Foodborne Outbreaks & Active Investigations: Coordinates national outbreak tracking, pathogen fingerprinting (whole genome sequencing), and multi-state cluster investigations.
• FDA CORE Network Outbreak Investigations: Monitors and investigates multi-state foodborne illness outbreaks associated with FDA-regulated food products and produce supply chains.
• Illinois Department of Public Health (IDPH): Oversees local health department complaint logging, outbreak cluster detection, and infectious disease reporting throughout Illinois.

Learn More

• CDC Guide: How Foodborne Outbreak Investigations Work: Learn how public health officials detect clusters, perform traceback investigations, and isolate contamination sources.
• FDA Recalls, Outbreaks & Safety Alerts: Search for active public health advisories, recalled products, and multi-state contamination warnings.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different — contact Spiros Law for guidance specific to your situation.