Multidistrict litigation (MDL) is a federal court procedure that helps coordinate pretrial proceedings with similar questions of fact. Many people first hear the term “MDL” after learning that a lawsuit involving a harmful prescription medication, defective medical device, or dangerous product has been consolidated in federal court.
While the term “multidistrict litigation” may sound intimidating, the concept is relatively straightforward. The team at CPY Law would like to discuss the basics of multidistrict litigation, how MDL works, what is a bellwether trial and why these matter, and what this all means for your individual case.
If you have any additional questions or want to discuss taking legal action, our lawyers are here for you. To request a free case review, contact our Kansas City law firm today. CPY Law is built for the fight.
Key Takeaways:
- Multidistrict litigation refers to a procedure in U.S. federal court in which multiple civil lawsuits with similar factual issues are transferred to a single federal judge for coordinating pretrial proceedings. The purpose of MDL is to make the litigation process more efficient and cost-effective.
- Instead of trying hundreds or thousands of cases, the court selects a few bellwether trials (representative cases). The purpose of a bellwether trial in an MDL is to help parties understand how a jury would respond to the strengths and weaknesses of a case in litigation.
- Mass torts are related to multidistrict litigation. Think of MDL as a federal court procedure that focuses on the coordination of pretrial proceedings while mass torts are individual legal claims that are focused on people’s injuries and losses.
- Class actions are different from multidistrict litigation. Class actions have a few plaintiffs who represent an entire class of plaintiffs, with a single outcome that generally applies to all members of the class. This is different from bellwether trials and the individual lawsuits in an MDL.
The Basics of Multidistrict Litigation
A multidistrict litigation, commonly referred to as an MDL, is a procedural tool used by the federal court system to coordinate lawsuits that involve common questions of fact.
Rather than sending every case through separate discovery proceedings in dozens of federal courts around the country, related cases may be transferred to a single federal judge for coordinated pretrial proceedings.
The purpose is simple: improve efficiency without eliminating each plaintiff’s individual case.
What Happens After an MDL Is Created?
When an MDL is established, the Judicial Panel on Multidistrict Litigation determines whether cases pending in federal courts around the country should be transferred to one judge for coordinated proceedings.
That judge typically oversees:
- Discovery involving the manufacturer
- Production of corporate documents
- Depositions of key witnesses
- Scientific and medical expert testimony
- Pretrial legal motions
- Case management for all participating federal actions
Instead of repeating these steps thousands of times, the work is completed in a coordinated fashion.
Do Plaintiffs Lose Their Individual Lawsuits?
No. This is actually one of the biggest misconceptions surrounding MDLs.
Each plaintiff continues to own his or her individual case. Medical records remain unique. Damages remain unique. Settlement values remain unique.
The MDL simply provides a more efficient framework for resolving issues that are common across many lawsuits.
What Happens After Discovery?
Once the coordinated discovery process is substantially complete, several paths are possible.
Some cases may proceed to bellwether trials, which help both sides evaluate the strengths and weaknesses of the litigation. Others may settle.
If cases do not settle, they may ultimately be returned to their original federal courts for individual trial.
Although every litigation follows its own path, the MDL process has become one of the primary ways federal courts manage complex pharmaceutical, medical device, and products liability litigation involving thousands of injured individuals.
What Is a Bellwether Trial and Why Does It Matter to Thousands of People?
A bellwether trial is an individual lawsuit selected from a larger group of cases to proceed to trial before the remaining cases.
This is one of the most frequently discussed aspects of mass tort litigation. If you follow news about pharmaceutical or medical device lawsuits, you have probably seen headlines announcing that a bellwether trial has resulted in a verdict for either the plaintiffs or the manufacturer.
The Purpose of Bellwether Trials
Bellwether trials allow both plaintiffs and defendants to see how juries respond to the evidence, expert testimony, and legal arguments that are likely to arise throughout the litigation.
To someone unfamiliar with the legal system, that can raise an understandable question:
If My Case Is Not Being Tried, Why Should I Care About Someone Else’s Claim in a Bellwether Trial?
The answer lies in the role bellwether trials play in helping everyone involved better understand the strengths and weaknesses of the litigation. This could affect your case and how it is developed depending on the individual details of what you have experienced.
How Are Bellwether Cases Selected?
The selection process for a bellwether trial varies from one litigation to another, but courts generally seek cases that are representative of the broader litigation. Factors may include:
- The plaintiff’s medical condition
- The alleged injury
- Length of product use or exposure
- Availability of medical evidence
- Timing of the injury
- Other characteristics that make the case typical of many others pending before the court
Neither side necessarily receives its “perfect” case. Instead, the goal is to select cases that provide meaningful information about how the litigation may unfold.
Why the Outcomes of Bellwether Trials Matter
Bellwether trials can influence the direction of an entire litigation.
A verdict in favor of a plaintiff may encourage settlement discussions by demonstrating how juries respond to the evidence. Likewise, a defense verdict may prompt both sides to reevaluate certain legal theories, scientific evidence, or settlement expectations.
Importantly, bellwether trials do not determine the outcome of every pending case. They are one piece of a much larger process designed to help both sides assess litigation risk and make informed decisions moving forward.
MDL, Mass Torts, and Class Actions: How Are They Related?
There’s often some confusion or misunderstanding about multidistrict litigation in relation to mass tort litigation and class actions. Let’s look at both of these right now to help clarify things.
Multidistrict Litigation and Mass Torts
Mass torts and MDL are related but are not the same.
Think of multidistrict litigation as the overriding federal procedure that makes pretrial proceedings more efficient and cost-effective. Mass torts, by contrast, refer to individual claims that focus on the injuries, financial losses, and future needs of people injured by defective products.
Multidistrict Litigation and Class Action Lawsuits
Class actions are completely different from MDL. While people in multidistrict litigation keep their individual claims, class actions involve one or more individuals who file a lawsuit on behalf of a much larger group of people who have suffered similar injuries or financial losses.
In a class action, the result of one case will apply to all members of the class. This is different from what happens with bellwether trials.
To learn more about these differences, read our previous blog post on mass tort litigation vs. class action lawsuits.
How CPY Law Can Help with Your Case
After a bad injury, it’s natural to feel overwhelmed or confused, especially when taking on major companies or corporations. Your concerns involve getting better and holding people accountable, not building a case that holds up to close scrutiny in court.
That’s where we come in and restore the balance.
The Kansas City mass tort litigation attorneys at CPY Law will help guide you through the process. We will answer all of your questions and provide updates as your case progresses. Multidistrict litigation is complex, we want to make sure you have peace of mind at all times so you can put all your energy into recovery and figuring out the future.
You Pay Our Lawyers Nothing Unless We Win for You
We work on a contingency fee basis. What does that mean?
That means you pay nothing upfront. That means you pay nothing unless and until we win. Most importantly, that means if we don’t win, you don’t pay.
Do not worry about having to pay massive legal fees every month. Our lawyers only get paid if we win and after the case is resolved.
Contact Our Kansas City Law Firm for a Free Consultation
If you’ve been injured by a dangerous pharmaceutical, an electronic device, or a medical device, our lawyers are here to advocate for you. You focus on healing while we prepare for the fight. For a free, no-obligation case review, contact CPY Law today.
