Are Defective Drug and Device Cases Handled Differently than Personal Injury Cases?

By Thomas Greer | April 18, 2019

So, are defective drug and device cases handled differently than personal injury cases? The answer is, it depends. So with any time there’s a defective drug or device, you have the ability to file an individual lawsuit against that drug or device maker, and you have the ability to show that the product is defective or that they failed to warn.

But what we see in these kinds of cases is that once there’s a critical mass reached, once there’s hundreds, or oftentimes thousands, of cases that are filed, the drug makers and the lawyers for the people that are hurt will move for what’s called an MDL, for multidistrict litigation. They’ll ask that all the cases be consolidated before one judge, and that one judge will handle all of the discovery proceedings: things like depositions, things like expert witnesses, interrogatories and document exchanging.

And so once an MDL is formed, things are a lot different. You can file your case individually, but then it gets automatically removed into an MDL, and there’s fewer options individually for the people that are hurt. And so that’s a little bit of a difference on how it works. So, if you do have a case where there’s been an MDL that’s been formed, or you think there might have been an MDL formed, it’s important to hire a lawyer that understands that process and how to maximize your recovery. So if you find yourself in that situation, we’d be glad to consult with you. Our number is 901-680-9777, or you can find out information about us on the web at BaileyGreer.com. We serve clients in Memphis, Jackson, and throughout West Tennessee.

 

 

Posted in Personal Injury