The Next Wave
If the social media youth mental health MDL is the mass tort of the moment, video game addiction lawsuits may be the next one. Families across the country are suing Epic Games (Fortnite), Roblox Corporation, Microsoft (Minecraft), and other publishers, alleging that popular video games are designed to be addictive and that the addictive design has caused mental health, behavioral, and academic harm to children.
The legal theory borrows from the social media playbook but raises its own distinctive issues.
The Design Features at Issue
At the center of most video game addiction claims is the concept of "dark patterns" — design choices that exploit psychological vulnerabilities to maximize engagement and spending.
The most prominent of these is the loot box — a mechanism where players spend real money for randomized virtual rewards. The psychology is identical to a slot machine. Belgium banned loot boxes in 2018 after its gaming commission concluded they constituted gambling. In the United States, the FTC's landmark $520 million settlement with Epic Games in December 2022 — the largest penalty in FTC history against a gaming company — specifically addressed the use of dark patterns to trick players, including children, into making unintended purchases.
Beyond loot boxes, lawsuits target variable reward schedules, progression loops, social pressure mechanics, FOMO-inducing limited-time events, and in-game currency systems that obscure the real cost of purchases.
Why the Science Matters
The WHO's inclusion of "gaming disorder" in ICD-11 gives plaintiffs a formal diagnostic framework. Recent lawsuits are also citing neuroimaging research suggesting that prolonged gaming can cause measurable structural changes in developing brains — particularly in regions governing impulse control and reward processing.
A December 2025 federal complaint in the Northern District of California specifically alleged that a child experienced such structural brain changes from exposure to Roblox, Fortnite, and Xbox, supported by peer-reviewed neuroimaging studies.
The Expert Everyone Needs — And Can't Easily Find
One category of expert that is both critical and difficult to locate is the game design expert — a professional with industry experience who can testify about how monetization mechanics, engagement loops, and player retention features are actually designed and implemented. This insider expertise is invaluable in explaining to a jury how a game's "fun" is engineered.
Finding qualified game design professionals who are willing to serve as expert witnesses, who have the credentials to survive a Daubert challenge, and who are not conflicted out by current or former employment relationships with the defendants is genuinely hard. This is precisely the kind of search where a referral firm with deep networks adds value.
The Procedural Landscape
The JPML declined to create a formal MDL for video game addiction cases in December 2025, finding the defendant range too broad for a single consolidated proceeding. But individual cases continue to advance in California, Illinois, New Jersey, Nevada, and other jurisdictions. Some matters have been sent to arbitration based on the games' terms of service. The litigation is early-stage, but the trajectory is upward.
What to Do
Attorneys entering this space should expect a competitive market for qualified experts in addiction psychiatry, behavioral psychology, game design, and forensic economics. Starting the expert search early is not optional — it's necessary. Vident Partners can help. [Contact us](https://www.videntpartners.com/#contact) to discuss your case.
References
1. FTC, "Fortnite Video Game Maker Epic Games to Pay More Than Half a Billion Dollars" (Dec. 19, 2022). 2. Robert King Law, JPML hearing and denial of proposed MDL No. 3168 (Dec. 2025). 3. Lawsuit Information Center, video game addiction case tracker (Feb. 2026). 4. AboutLawsuits.com, New Jersey complaint against Roblox, Epic, Microsoft, Mojang (Dec. 2025). 5. TorHoerman Law, Northern District of California filing citing neuroimaging research (Dec. 2025). 6. World Health Organization, ICD-11, "Gaming Disorder" (6C51).
