What is an MDL Class Action?
A "class action" lawsuit is one in which a group of people have been injured by the same parties under similar facts. Sometimes, many people have been injured or killed by negligence that has common threads in terms of how the injuries occurred, but the victims have very different types of injuries. This is true with the Medtronic and Baxter heparin lawsuits. Some heparin victims suffered allergic reactions that caused their death while others had an allergic reaction that, while clearly offsetting, did not result in the individuals suffering any serious or fatal injuries.
In an MDL, there is not a single trial that resolves all of the cases but the case is consolidated under one federal judge who handles all of the discovery matters that are common to all of the defendants. Using the heparin cases as an example, there would be written discovery to Baxter and other companies in the chain of distribution of the contaminated heparin, witnesses would be deposed from Baxter and related companies, the FDA, and relevant medical experts. For example, the person at Baxter in charge of monitoring the activities at this Chinese heparin plant is obviously going to be a relevant witness in every single case. In the Baxter heparin MDL, assuming there is one, they will conduct what is called a de bene esse deposition (or trial deposition), in which that Baxter employee gives testimony by videotape. This testimony can be played by videotape at trial in any case involving heparin, and the testimony has the same value as if that Baxter employee was testifying live in front of the jury at trial.
The efficiencies of consolidating cases in the MDL often have the greatest impact on the effort required to gather and review all of the relevant documents in the case. In large drug and medical device litigation like the Medtronic or heparin cases, there will usually be millions of documents sought and produced to plaintiffs’ lawyers. The drug companies clearly want to avoid the costs of producing the records to each individual plaintiff’s lawyer and the plaintiffs’ lawyers similarly do not want to take on the effort alone. The MDL allows a mechanism for both sides to accomplish this onerous task in a cost effective way.
The MDL provides the tools in these class action type cases for plaintiffs’ lawyers to try a case on the defendant’s liability with little or no work on their part because that part of the case has been largely completed for them. What these lawyers still have to develop – and what is often the most difficult part of the case – is the causation case, i.e., did the defendant’s negligence cause the plaintiff’s injuries.
Medtronic
Medtronic Before the Lead Recall (what Medtronic knew or should have known)
More News and Information on the Medtronic Lead Recall (more recall class action information)
The Medtronic MDL (explanation of class action process)
The Medtronic MDL in Minnesota (specific information on the Medtronic MDL)
What Happened? (discussion of who the problem arose with Medtronic's leads)
Congress Responds to the Medtronic Recall (Medtronic congressional inquiry)
Taking Out Defective Medtronic Leads (technological advances in lead removal)
The Failure of the FDA in the Medtronic Recall (how the FDA's flawed system failed patients)
Medtronic's Letter to Patients with Recalled Lead (received from a lead patient)
Will Medtronic Follow the Merek's Playbook in the Medtronic Lead Lawsuits?
Medtronic Information Blog ( the latest Medtronic lead recall litigation developments)
Free Internet Consultation (free evaluation of your case at 800-553-8082 or by email)
Heparin
Baxter Heparin Recall (more details on the Heparin Recall/Sales Suspension)
Baxter Heparin Lawsuits (an overview)
Heparin Death Toll Increased to 21 (updated information on the heparin cases)
Heparin Death Toll Increased to 62 (new report from the FDA on April 8, 2008)
Heparin Death Toll Rises to 81 and Contaminant Found Internationally (April 23, 2008)
Heparin News (China changes course on regulating heparin)
Heparin Contaminant is Discovered (what caused the Baxter heparin debacle)
Heparin and China: The Payoffs and Pitfalls of Manufacturing Abroad
Free Internet Consultation (free evaluation of your case at 800-553-8082 or by email)
