When a medical device injures thousands of patients across the country, individual lawsuits are typically consolidated into multidistrict litigation (MDL)—a federal procedure that coordinates pretrial proceedings for efficiency while preserving each plaintiff's individual claims. Understanding how MDLs work helps patients know what to expect when pursuing device injury claims.
What Is Multidistrict Litigation?
Multidistrict litigation consolidates federal civil cases involving common questions of fact before a single judge for coordinated pretrial proceedings. The Judicial Panel on Multidistrict Litigation (JPML) creates MDLs when multiple lawsuits filed in different federal courts share common issues that can be handled more efficiently together.
MDLs do not merge cases into a single lawsuit. Each plaintiff retains their individual claim, but discovery, motion practice, and other pretrial matters proceed collectively. This prevents duplicative depositions, conflicting rulings, and inefficient use of judicial resources.
How Medical Device MDLs Work
The MDL process in medical device cases typically follows this pattern:
Creation and transfer: Once a critical mass of lawsuits are filed, parties or the JPML itself identifies the litigation as a candidate for consolidation. Cases are transferred to a single federal district court and assigned to one judge who will manage all pretrial proceedings.
Leadership appointment: The MDL judge appoints plaintiffs' counsel leadership—typically a Plaintiffs' Steering Committee (PSC)—to coordinate the plaintiffs' litigation efforts. These attorneys handle discovery, brief common issues, and negotiate with defendants on behalf of all plaintiffs.
Master complaints and discovery: The PSC files master complaints outlining common allegations. Discovery then proceeds on a consolidated basis, with defendants producing documents once for all plaintiffs and key witnesses being deposed once.
Bellwether trials: The MDL judge selects representative cases—bellwethers—for trial. These test cases help both sides evaluate the strength of claims and establish a framework for potential settlements. Bellwether verdicts often drive settlement negotiations.
Resolution: Most MDLs resolve through negotiated settlements. If a global settlement is reached, plaintiffs receive individual awards based on claim severity. Cases not settled are remanded to their original courts for trial.
Major Medical Device MDLs
Significant medical device MDLs have included:
Transvaginal mesh MDLs involving Johnson & Johnson, Boston Scientific, C.R. Bard, and other manufacturers consolidated thousands of cases and resulted in billions in settlements.
Hip implant MDLs including DePuy ASR and Pinnacle litigation produced major settlements for patients with failed metal-on-metal hip replacements.
Hernia mesh MDLs continue to proceed against multiple manufacturers with thousands of pending cases.
IVC filter MDLs consolidated cases against Bard, Cook, and other filter manufacturers.
Advantages and Disadvantages of MDLs
For patients, MDL participation offers several benefits:
Efficiency: Consolidated discovery and expert development reduces costs and allows claims to proceed that might be economically unviable individually.
Experienced leadership: PSC attorneys typically have substantial medical device experience and resources to prosecute complex claims effectively.
Settlement leverage: Large numbers of consolidated claims create pressure for defendants to resolve litigation through settlement programs.
However, MDLs also have drawbacks:
Slower timelines: MDL proceedings can take years as thousands of cases work through coordinated discovery and bellwether processes.
Individual attention: With thousands of cases, individual plaintiffs may feel their specific circumstances receive less attention than in individually prosecuted cases.
Settlement pressure: Settlement programs may offer amounts that individual plaintiffs consider inadequate, though participation is typically voluntary.
Participating in a Medical Device MDL
Patients considering joining a medical device MDL should work with an attorney who can explain whether their case qualifies, what participating involves, and how decisions are made within the MDL structure. Filing deadlines may apply even for MDL participation, making timely consultation important.