Risperdal Mass Tort Cases
Mass tort litigation is the consolidation of many individual cases in one common venue. The plaintiff maintains control over his or her individual cases, but it involves a common product or drug, such as Risperdal. The individual cases are consolidated and filed in front of one judge, usually a federal court judge, who handles the hundreds or thousands of cases. The right Risperdal mass tort litigation lawyer will be prepared to handle your case and be experienced in these type of trials.
Handling a Mass Tort Claim
In a mass tort case, many people with common claims are filed against one or several common defendants. For example, if there are a thousand cases that are filed in the consolidated litigation, a handful of those would move forward to the Bellwether trial portion, which means they would be worked up through discovery and trial. Those few would move forward with the idea that they are representative of the rest of the cases on file.
A person’s individual case is filed, often times outside of their home state of North Carolina. Each plaintiff proceeds along a track that they maintain control over, but in a way that they do not have to battle the company alone.
Establishing a Claim
In order for a person to have a solid Risperdal claim, they need a diagnosis of gynecomastia. While a person does not necessarily need the diagnosis before contacting an attorney, in order to have a legitimate case, the clinical diagnosis of gynecomastia, which is the swelling of the breast tissue in boys or men, is needed.
Some symptoms of this can be a symmetrical breast enlargement, swollen nipples, nipple discharge, and breast tenderness. There can also be galactorrhea, which is the secretion of breast milk in men and is not the result of breastfeeding an infant.
The physical diagnosis can result in physical and psychological trauma. Often times, young men with this development of tissue have lower self-esteem and worsened anxiety that can lead to significant and long lasting psycho-social harm. These factors will also need to determined if someone who has taken Risperdal may have a Risperdal mass tort litigation case.
It is important for people to talk with their doctor if they believe they have gynecomastia and be honest if they are noticing any changes in their body. If a person feels like they have started to develop a little bit and are looking a little different, the signs may be there to support that Risperdal is the cause, giving evidence to establish a Risperdal mass tort claim.
Qualities of a Mass Tort Attorney
A prospective client should look for a lawyer who they trust, with a proven track record, and has experience in complex medical device litigation as well as dangerous drug litigation. The client should also look for a smaller firm in order to not just become another file or number. There is a happy medium in this type of law where a lawyer is big enough to be well-positioned nationally, as Risperdal mass tort cases are tried and pursued all over the country, but small and local enough that the client can still meet with his or her attorney.
Length of a Case
A mass tort litigation case is complex, with many plaintiffs and often times, mass torts do not move quickly. One of the most important things to know is that when a person is dealing with a mass tort in a complex litigation, it is going to be a long road. It may even take several months to get medical records and give an initial review of the case.
Even though it is a long process, a person can still expect to maintain control over his or her case. A person will not be lumped into any agreements that they do not consent to. The very nature of being a mass tort means the harm is so significant that a person’s case stands alone, but for efficiency and judicial economy, they are grouped together so that all the plaintiffs can take on one common or a few common defendants.
Complexity of Mass Tort Cases
The complexity that exists with mass tort litigation includes dealing with a large number of plaintiffs who have brought claims. Not every case will go to a trial, but a person needs to make sure that each case accounted for, and all the injuries are appropriately and accurately accounted for.
Mass tort cases are generally dealing with million and billion dollar pharmaceutical companies that have chains of lawyers. Dealing with the process can take many months or several years, so a person needs to have patience and a well-seasoned attorney to help. A person is often times dealing with complex areas of the law as well as the choice of law analysis and different sorts of arguments about the failure to warn and defectively design products that all need to be accounted for.