IVC Filters Mass Tort Litigation
In mass tort litigation, there is a common product, drug, or medical device which has anĀ exceptionally high failure rate, or people are experiencing problems on a mass scale. It oftenĀ makes sense when there are lots of potential plaintiffs or injured people to file those casesĀ individually, but put them in one common venue in front of one common judge.
ByĀ putting them in front of one common judge,Ā that judge can make consistent pre-trial rulings, as well as consistentĀ evidentiary hearings and rulings. It can also help cut down on the length of time, expenseĀ and difficulty in proving your general causation case. For example, if you show generally that IVC filters canĀ cause specificĀ injuries, it applies to everyone who has an IVC filter case, which is one ofĀ the benefits of mass tort litigation and one way to explain how mass tort litigation works. If you are a part of IVC filter mass tort litigation, it is very important to contact an experienced Raleigh lawyerĀ to help guide you through your case and give your case the attention it deserves.
Handling Claims
Mass tort litigation can often be an intense and confusing process. With a lawyer’s help, a person who has never been through the process before can understand what they should expect throughout the process. The overall first step is to collectĀ all the medical records. IfĀ someone has a surgery coming up to remove the retrievable device, they would want to haveĀ their attorneys in place to preserve whatever they remove and then pursue their case in the multidistrict litigationĀ with other filter cases.
Frequently, when handling a mass tort claim, an MDL is formed. For example, the Bard MDL is in Arizona, and a CookĀ MDL was recently formed. If someone is injured in North Carolina from a Bard device, their caseĀ would be filed in the MDL in Arizona.Ā Since the court system is dealing with many hundreds or thousands of people, the defendantsĀ and the plaintiffs agree on what is called the plaintiff fact sheet and a short and long formĀ complaint to help expedite the process. Each complaint filed in the MDL essentially has theĀ same allegations.
The court willĀ put in a specific fact related to the individual who is injured, and thenĀ after the lawsuit is filed in the MDL, they will have to complete a plaintiff fact sheet which isĀ much more detailedĀ andĀ is likeĀ a substituted discovery. They ask questions related to a person’sĀ medicalĀ history, and whether theyĀ may be claiming lost wages. After filing the plaintiff fact sheet, in most litigation, the case is stayed pending trial.
When there areĀ a couple hundred or thousand cases filed in one common venue, the plaintiffĀ selects a few bellwether cases, and the defendants select a few bellwether cases. Then, depending on the litigation, the court thenĀ chooses maybe five or six cases from the total to moveĀ forward to trial. As those cases are worked up for trial, anyone else who has a case filed in theĀ MDL may not go to trial because the casesĀ that are selected to move forward are crucialĀ for everyone with an IVC filter case.
What to Expect
If anyone has been in an auto accident in North Carolina or has had a worker’s compensationĀ claim, aĀ mass tort case is going to look different. The reason for this difference is because the processĀ often takes a little bit longer due to the large number of claimants.
It is not a quick process asĀ far as getting your lawsuit filed and handled all the way to resolution. A personĀ should, however, stillĀ expect updates from theirĀ attorney, to be able to speak with theirĀ attorney, to get updates onĀ the litigation generally, on theirĀ case specifically, and updates on the investigation. Patience is always necessaryĀ when involved in a mass tort case.
Looking for a Mass Tort Litigation Lawyer
When looking for a mass tort litigation lawyer, it is important to be able to sit down in a law officeĀ and meet with anĀ attorney face-to-face. Often times, the variousĀ numbers people see on TV will lead to someone out of the state, and a personĀ will probably never meet them. In this situation, a personĀ may not evenĀ speak with an attorney unless theirĀ case is likely to go to trial.
One of the first things to look for is someone who will give real attention to an individualĀ case and not just treat it like another number. The process may take a bit longer, but an attorney should stillĀ provide that face-to-faceĀ meeting if possible, and give real attention to detail on each client’s case.