Are you aware of the difference between complex civil litigation and multidistrict litigation? While they both end up in litigation settlements, they have many dissimilarities. In this article, you’ll discover and understand multidistrict litigation (MDL) and how it works.
Even in the old days, disputes were too common and needed ways to provide an alternative dispute resolution. But when it comes to litigations, do you know what to do and how to handle the case? To be ready for such a situation, you have to understand everything involved and what it entails.
With MDL lawsuits accounting for around 15% of all civil cases in the United States, some of them involve hundreds of attorneys and thousands of individual lawsuits across the country. Read on to understand everything you need to know about this type of litigation.
What Is Multidistrict Litigation?
During the 1960s, MDL was established to alleviate congestions and eliminate backlogs in the U.S. federal courts. To speed up the pre-trial process involved in building cases, MDL eradicates the need for duplicate witness depositions, which are the sworn testimonies declared before trials. Additionally, it eliminates requests for discovery or the step where lawyers from each party acquire evidence from the opposition.
While it’s relatively easy to pinpoint the common cause of death or injury for victims of a major disaster, a case involving numerous people victimized by a medical device or a new drug is usually difficult to prove in court.
However, if an unusually large number reports the same problems with a new vaccine or drug, the FDA may issue a warning notice. Another example is if scientific evidence presents in a series of lab research and reveals a severe side effect with a specific drug that had previously been known as a health risk.
The people can file a lawsuit if they have suffered related injuries. And if the number of these lawsuits filed in federal courts increases, the lawyers may request that they be consolidated into an MDL.
The judicial panel, JPML, decides whether to open a new MDL. Following that, the process entails legal proceedings such as forming steering committees, bellwether trials, court, and other judicial orders, and, in many cases, litigation settlements.
Common MDL Cases
MDL is generally used in cases where a significant number of plaintiffs file the same complaint in a lawsuit, or the defendant is the same company. It could be because many people acquired injuries or losses through a common and single cause.
The following are examples of usual MDL cases:
- Hiring discriminations
- Workplace malpractices
- Airline or cruise ship disasters
- Product liability cases
- Securities fraud civil lawsuits
- Patents and intellectual property cases
What To Expect in Multidistrict Litigation Settlements
The litigation settlement can be incredibly complex for medical device and drug-related cases. The attorneys from both parties will need to work together to create a plaintiff fact sheet. This is an agreement reached by both parties that contains detailed data about all complainants and their related injuries.
Generally, the plaintiffs will be requested to present proof or evidence that they had, in fact, used the item in question. Whether it’s a drug or medical device, they should be able to provide proof of all the injuries sustained from using the product. If applicable in some cases, a medical diagnosis may also be necessary.
The claimants involved in drug cases may be required to present the following items:
- Hospital records
- Itemized medical bills
- Drugstore or pharmacy receipts
- Emergency or discharge records
Aside from these things, the plaintiffs may also be required to produce proof of inability to work and wage loss.
In most MDL cases, the defendant ends up agreeing to establish a settlement fund. This pool of money may be a fixed amount that will be used to compensate the plaintiffs who agree to the settlement terms.
However, the defendant typically necessitates that 95% or more of the complainants agree to the terms before anyone gets paid. And this often provides the plaintiffs with a powerful motivation to accept the settlement.
Get the Compensation You Deserve
In 1962, an estimated 11.5 percent of federal civil cases were tried in court. But according to experts, only around 1% of civil cases nowadays actually reach Federal court trials. Honorable members of the court, such as Judge Jose Lineras, have worked tirelessly to make litigations run smoothly and for victims of such cases to get expert help in receiving the deserved settlement.