Multidistrict Litigation or “MDL” is a procedure utilized by the federal courts to transfer cases with similar issues or questions of fact to one court for more efficient management through the discovery and pretrial stages. MDL has become increasingly common in the administration of lawsuits involving drugs and defective medical devices. Recent and pending cases in which the Ginzkey Law Office has represented MDL clients include:
- DePuy Orthopedics ASR Hip Implant Products
- DePuy Orthopedics Pinnacle Hip Implant Products
- Kugel Mesh Hernia Patch
- The drug Fosamax (Alendronate Sodium) (No. II)
- Bausch & Lomb Contact Lens (ReNu) Solution Products
- The drug Mirapex
Unlike a “class action” in which a large number of plaintiffs join in one case, have limited interaction and receive a token recovery without regard to an individual’s actual damages, in multidistrict litigation (MDL):
- Each plaintiff retains and works closely with the attorney of his/her choice;
- Each case is evaluated on the specific facts of the case;
- Each plaintiff files and maintains an individual action against the manufacturer and/or other defendants;
- Any settlement reached or verdict rendered is based on the facts of the individual case and the actual damages sustained by the plaintiff.
The purpose and benefit of centralizing cases into multidistrict litigation (MDL) are to avoid duplication of discovery, prevent inconsistent pretrial rulings, and to conserve the resources of the parties, their attorneys and the courts. Although your case may be transferred to a U.S. District Court other than the Court in which the Complaint was filed, if your case is not settled it will be returned to the original court or jurisdiction for trial.
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