Have you been injured by a faulty product or dangerous drug? If so, you might be wondering if a class action lawsuit or multidistrict litigation (MDL) is the right way to seek compensation. Both legal options involve groups of people with similar claims, but there are some key differences.
Class Action Lawsuits
There is strength in numbers, especially when standing against a large defendant like 3M (Bair Hugger litigation), Bayer (Roundup litigation), or the U.S. government (Camp Lejeune litigation). Class actions certify a large group of plaintiffs with very similar legal issues, allowing them to pool their resources and unite in pursuing justice. This streamlines litigation and can result in larger settlements for the entire class. However, certification hurdles, the potential for individual variations to weaken the case, and ensuring adequate representation for all members pose challenges.
Multidistrict Litigation
MDLs consolidate geographically dispersed cases with a single judge for pretrial matters, promoting efficiency and consistent legal interpretations. However, each plaintiff retains their individual lawsuit, requiring separate proof of injury at trial, and settlements are negotiated on a case-by-case basis, potentially leading to unequal outcomes.
Strategic Considerations
The choice between an MDL and a class action hinges on several factors:
- Case facts. For claims with significant variations in individual circumstances (e.g., severity of injuries), an MDL might be better. It allows for individualization at trial, potentially leading to stronger recoveries.
- Resolution speed. Class actions can sometimes move quicker because there’s just one case to decide. MDLs take longer as each person’s case is separate, even though pretrial matters are streamlined.
- Location. Class actions typically stay in the original court where they were filed. MDLs consolidate cases from different states before a single judge, often in a neutral location.
Making the Right Choice in a Mass Injury Case
Talking to our attorneys, who are experienced in mass injury cases, is the best way to understand which option (MDL or class action) makes the most sense for your situation. We can help you weigh the benefits and drawbacks to maximize your chances of getting the compensation you deserve.
Kaster Lynch Farrar & Ball has a strong record of handling mass torts or complex litigation. It is our aim to make your case part of that winning record. Call us or contact us online today for a free case evaluation.
