Zantac Recall

The attorneys and legal professionals at Harrison Davis Morrison Jones have collectively been involved in thousands of cases filed handled in an MDL setting. That doesn’t mean we’ve forgotten how daunting and unfamiliar the process can feel for most people. So, we’ve assembled the following “road map” of a typical MDL proceeding so our potential and current clients can be armed with as much information as possible as they enter an MDL.

What is an MDL?

When a large number of product liability cases (ex. A pharmaceutical drug or medical device that harms people) are filed in courts all over the country, all of which involve the failure of this one product, and which has caused similar injury to many individuals, a single court may be chosen to combine the cases into one MDL. From this one court the designated federal judge will manage the discovery, hear motions, resolve pre-trial issues, possibly preside over bellwether trials (the first trials), and even monitor settlement of all the cases. Typically, what begins the process is the Federal Drug Administration (FDA) mandates a drug or medical device company to recall the product due to so many claims of harm and danger to people. Many times, however, Harrison Davis Morrison Jones and other similar firms across the country have already seen these harmful effects and have begun further investigation before the FDA acts.

Step 1: Initial Investigation

Our attorneys are driven by a strong innate desire to help people who have been wronged. But before we can proceed with any legal action, we must first perform an initial investigation to gather facts and make sure there exists a solid basis before continuing. This process involves collecting information from you and any pertinent witness, studying the relevant laws pertaining to the case and examining dates and other details to be confident in our ability to file a valid lawsuit on your behalf. In an MDL setting, it also involves gathering information of what these large companies knew and when they knew it before they began selling its product to the public.

Step 2: Filing & Initial Pleadings

A lawsuit officially begins when one party (a.k.a. the Plaintiff or multiple Plaintiffs) files a “Petition or Complaint” against another (a.k.a. the Defendant or multiple Defendants). The Petition serves as notice to the defendant that they are being sued and details the allegations and claims of the lawsuit. Once the defendant receives (a.k.a. is served) these documents, it is typically granted about one month to respond (file an Answer). The defendant’s answer will set forth the defenses asserted to the Plaintiffs’ claims and any defenses allegations.

Step 3: MDL Creation

At this stage, if enough cases are filed around the country and the claims are similar and the harms are similar, a panel of federal judges meet to decide if an MDL should be created and which court and judge has both the capacity and the experience to handle such a large amount of claims. There are hearings with this panel and any interested attorney from around the country are able to give their opinions. After hearing all opinions, the panel will decide on what court and judge should handle the matter.

Step 4: Case Consolidation and Selection of Leadership

At this stage, the process of having all the cases in the country moved to this newly created MDL begins. It can be lengthy and time consuming as new cases continue to be filed. At the same time, the attorneys and the judge determine which lawyers and law firms for both the plaintiff and defense should be in various leadership roles to aid the court and ensure the litigation to runs smoothly and proceeds to trial in as orderly a fashion as possible.

Step 5: Bellwether Selection and Discovery

Because it would be logistically impossible to learn all the details of thousands of cases, the court and the attorneys for both sides evaluate the cases on file and debate which are the most representative of the litigation. Ultimately, the judge decides and may pick only one Plaintiff or a group of multiple Plaintiffs to be developed with more in-depth discovery. These are the known as the Bellwether Cases. Even if your case is not chosen as a bellwether case, there will still be discovery including such as Plaintiff Fact Sheets and Plaintiff Profile Forms, but it will be significantly less time-consuming than if you are chosen as a Bellwether Plaintiff. During the discovery phase of litigation the opposing parties will request the other side provide evidence and information deemed pertinent to the case. These typically happen via written questions (a.k.a. Interrogatories) or in-person interviews (a.k.a. Depositions) where the person answering or testifying must do so under oath. Each side may also submit Requests for Production of Documents believed relevant to the case. Testimony and written reports from expert witnesses with specialized knowledge of subject matters at hand (e.g. doctors, engineers, forensic specialists, etc.) may also be gathered at this time. During discovery both sides will learn much about the case and be better able to judge the merits, strengths and weaknesses of the case.

Step 6: Trial Preparation

Once Discovery is completed, both parties will take their evidence and assemble what they believe will result in the most compelling, efficient and effective trial. During this time the parties may also participate in one or more forms of mediations or settlement conferences as well as numerous hearings before the court.

Step 7: Trial

An actual trial is something most people will find at least somewhat familiar as it is often like what is seen on television, minus some of the drama. While many trials will take place before of a jury with a judge presiding over the proceedings, an initial MDL trial will take place before the judge presiding over the MDL. In some instances the MDL judge may decide to remand the cases back to their original location. In any event, each side will be allowed to select the best jury for their case, give opening statements, examine witnesses, introduce evidence and present closing arguments. Depending on the complexity of a case, a trial may take anywhere from a day to several months. Once completed, the jury or judge will rule on behalf of one party or the other and determine if and what amount of monetary or other damages to award to the winning side.

Step 8: Post Judgement

Once the trial is over, the losing party has the right to appeal the ruling or verdict. This process can last from six months to two years. If there is no appeal, or once the appeal is over, the winning party will pursue recovery of any monetary award granted by the judge or jury.

As you can imagine, MDL lawsuits are complex, stressful and can take a long time to complete. Therefore, if you find yourself in a real fight with real consequences on the line, you need attorneys who will help you understand and prepare for every step of what lies ahead. If you have questions about an MDL, the trial process or any other potential legal matters, contact a member of the Harrison Davis Morrison Jones team today.