Risperdal Multi District Litigation
An MDL case works by consolidating hundreds or thousands of cases in front of one federal court judge. Then, he or she makes pre-trial rulings that are consistent across the different cases, and a handful of the hundreds or thousands that are filed will be worked up toward trial. If the plaintiffs win some of those cases, ultimately there will be a settlement. If not, they may have to keep sending the cases to trial on an individual basis. It is usually done by groups called Bellwethers and that is what keeps things started.
If the Risperdal suit becomes a multidistrict litigation in federal court and a person files an individual Risperdal case in federal court, it will automatically be moved to the multidistrict litigation and will be resolved upon the resolution of the MDL. If you have suffered due to a Risperdal prescription, contact a Raleigh Risperdal attorney to know your options and how best to move forward in the case that this becomes a multidistrict litigation Risperdal suit.
Class Action vs Mass Torts
A class action occurs when a thousand people who were harmed relatively little, and all of their cases are joined together with one member of the group appointed the class representative. That class representative can make decisions that bind the rest of the group because the harm is relatively small for each of the individuals.
In mass tort litigation, the harms are very significant and they stand on their own. A person is not necessarily bound by anyone else’s decision, however, they do deal with the common defendant or defendants in common claims and theories. Instead of one individual plaintiff having to shoulder the burden of going up against a big pharmaceutical company, a person can pool the resources of all of the plaintiffs who may have claims and proceed in a more unified fashion.
An individual in a mass tort litigation is not necessarily bound by anyone else’s doing but has access to the resources and the work that the other plaintiff’s firms are doing. It is a good model for mass dangerous drug and defective device litigation, such as Risperdal.
Technically, Risperdal has not been consolidated as multidistrict litigation but is more akin to a mass tort. Most of the cases are in state court in Philadelphia with a few more throughout the rest of the country. It looks more like mass tort litigation, because it involves individual cases that are filed in front of one common judge, and those individual cases are moving into trial and through discovery so that the common parts of them are being worked up. However, they are individual cases belonging to the young men who are injured.
Purpose of a Multidistrict Litigation
It is used to help expedite the process of dealing with hundreds or thousands of similar cases with similar theories and allegations of how a product or how a drug can cause a certain injury. By proving that, the case is going to apply to everyone who has the Risperdal suit, so it can make sense to consolidate them all in front of one judge.
Often times,dangerous drug and defective medical device cases become Multidistrict litigations. It can also be defective products that cause severe harm, for example, some of the automobile recalls and injuries that are resulting.
In a class action, the individual claimants would be bound by the decisions of the class representative, whereas with a Risperdal multidistrict litigation, each client maintains control over his or her case individually. The benefits of a Risperdal multidistrict litigation are that no individual plaintiff has to bear the cost and expenses of taking on the pharmaceutical company.
A multidistrict litigation case for Risperdal has not been created yet, although there are some cases filed in Philadelphia with consolidation going on.