What is a Class Action Lawsuit or MDL?

By Brooke Cohen, Partner at Cohen Hirsch, LP

Class actions involve a large group of individuals with similar complaints.

When I enrolled in law school over two decades ago, I had no prior knowledge of the term "tort." Consequently, I was quite confused when I entered a class called Torts. Everything in the class initially seemed incomprehensible to me. I couldn't comprehend what a tort actually was.

Fortunately, as a mass torts attorney who represents plaintiffs against manufacturers of defective medical devices or dangerous medications, I have gained a comprehensive understanding of torts. I hope to share this knowledge with individuals considering taking legal action. However, deciding on the appropriate course of action is akin to navigating a foreign country without speaking the local language.

The confusion surrounding this area stems from the fact that two primary methods of suing manufacturers are often used interchangeably online. In reality, these are two distinct and separate ways to bring a case. Both are technically "mass torts" because they involve "mass wrongful acts." However, these two approaches — joining a class action lawsuit or filing a case in an MDL (multi-district litigation) — operate differently and yield different outcomes. Therefore, it is crucial to understand the distinction when determining the best course of action for your case.

A class action lawsuit is filed on behalf of a large group of individuals with similar complaints. Unlike individual cases, where each person has their own legal representation, a class action involves the entire group as a single unit. The primary attorneys present a single case to a jury, with a few individual plaintiffs representing the entire class.

It's important to note that even those who are not directly involved in the jury proceedings must still sign up to be part of the settling class.

The outcome of a class action is a single verdict that applies to all individuals who qualified to be part of the class. The court's decision is binding on all participants, regardless of individual circumstances such as the type of injury, age, or other factors. The compensation awarded by the jury is binding on the entire class, and the amount will be split equally among all involved parties.

Class actions are typically the most appropriate option when the injuries sustained by the individuals are similar and not life-threatening.

Multidistrict Litigation (MDL) and mass torts are similar to class actions but involve a larger number of people who have been injured in similar ways by the same medication, medical device, or implant.

In an MDL, each plaintiff has their own attorney and an individualized lawsuit that is reviewed on its own merits. While an attorney may represent a large number of plaintiffs in the case, each plaintiff's case will be settled on its own merits.

MDLs are often filed nationally, which means the case may not be filed in your specific state. However, most plaintiffs do not have to attend court. Instead, most of the work with the lawyers can be done through phone calls, computer-based communication, and mail.

Near the beginning of the litigation, the nationally filed cases will be consolidated before a single judge for all proceedings. This consolidation is achieved for what I like to call "judicial economy," which saves everyone a significant amount of time and money. Imagine attempting to raise the funds on your own to sue a large corporation like Bayer — Bayer has endless income and would bankrupt almost anyone attempting to challenge them alone. By joining forces to build a case against the giant corporation, the plaintiffs increase their chances of success.

However, it's important to note that the case outcomes will not be identical to those in class actions. In a mass tort filed in an MDL, factors such as the type of injury, age, and pre-existing conditions will be carefully considered in each case. Consequently, each individual will receive their own settlement based on their specific circumstances. Compensation for injuries in a mass tort is likely to be substantially larger than awards in a class action. Additionally, these cases are handled on a contingency fee basis — meaning that if the case is not won, you won't have to pay the attorney anything.

An MDL (or mass tort) is often the most suitable option when the injuries you suffered differ from others but were caused by a similar product.

Deciding whether to join a class action or participate in an MDL is a crucial decision that must be made when deciding to proceed with litigation. At Cohen Hirsch, we are committed to helping you understand and access the legal action you require.

We want to assure you that we do not solely focus on assisting individual women — our primary objective is to effect positive changes that benefit society as a whole.

For instance, as a result of the Essure legal action (filed in an MDL), this product was banned in the United States. The women involved in the lawsuit are seeking compensation for the injuries they sustained due to the product.

Please feel free to contact us at Cohen Hirsch anytime via phone or email. We are here to assist you in finding the legal help you need.

Brooke Cohen has practiced law for over 25 years and for most of her career has represented people who have been injured by defective products and dangerous medications. Brooke has handled Transvaginal Mesh Cases, Dow Breast Implant Cases, and has been involved in the Essure litigation. Practicing in the area of mass torts came as a natural fit, as prior to practicing law she worked as a health care lobbyist in Washington, DC. Brooke also represents women in single-event cases related to assault.