How mass tort settlements pay.

The matrix

A settlement matrix scores each plaintiff on:

• Injury severity: Most serious diagnosis attributable to the product (death, surgery, hospitalization, chronic condition).
• Exposure: Duration, dose, and timing of product use; whether use occurred during the susceptibility window.
• Causation: Strength of evidence linking the injury to the product; absence of confounding causes.
• Demographics: Age, work-life remaining, dependents.
• Treatment: Type and extent of medical care; cost incurred.

Each input maps to points; points map to a tier; tier maps to a dollar value. Tiers commonly range from Tier 1 (highest, $250,000–$1M+ gross) to Tier 5 (lowest, $10,000–$50,000 gross).

Special masters and claims administrators

Settlement matrices are administered by court-appointed special masters or third-party claims administrators retained by both sides. Plaintiff counsel submits documentation supporting tier placement; the administrator scores; disputes are resolved by the special master with limited appeal. Speed of payment depends on the administrator's workflow — commonly 6–18 months from documentation submission to disbursement.

Common-benefit fees

Plaintiff steering committee (PSC) lawyers do common work that benefits all plaintiffs: science discovery, expert development, bellwether trials, settlement negotiation. PSC time and expense is compensated by a common-benefit fee assessed on every plaintiff's gross recovery. Typical assessment: 5–10 percent. The fee is set by the MDL court and is non-negotiable for participating plaintiffs.

Lien resolution

• Medicare: Statutory right of recovery under 42 U.S.C. § 1395y. Repayment in full unless compromise is negotiated; conditional payment notices are issued by CMS. Failure to satisfy a Medicare lien creates personal liability for plaintiff counsel.
• Medicaid: Statutory state lien, typically reduced for fees and costs; Arkansas Department of Health and Human Services v. Ahlborn protects against recovery beyond the medical-allocated portion.
• ERISA self-funded plans: Equitable lien with broad recovery rights; reductions vary by plan language.
• Private health insurer subrogation: Contractual; subject to plan terms and state make-whole rules.

What you actually keep

Example for a Tier 2 settlement of $100,000 gross:

• Common-benefit fee 7 percent: $7,000.
• Attorney's fee 40 percent of remainder: $37,200.
• Case costs: $1,500.
• Medicare lien (reduced for procurement): $8,000.
• Net to plaintiff: $46,300, or 46 percent of gross.

This is representative, not a quote. Net varies by tier, attorney fee, lien profile, and state.

Timing

Global settlement negotiation typically begins after the bellwether trial sequence — 3 to 7 years into the MDL. Once a global deal is announced, plaintiffs typically have 60 to 120 days to opt in (sign the participation agreement) and 6 to 18 months to submit documentation. Disbursement follows scoring and lien resolution. Total time from filing to check often runs 5 to 10 years.