What Happens to Your Individual Claim When Thousands of People Sue Over the Same Drug?

When thousands of people file lawsuits related to the same drug, this often results in a multi-district litigation (MDL) proceeding. Previously filed cases can be transferred into the MDL, and new plaintiffs can join the MDL going forward. But whether it makes sense for individual plaintiffs to join the MDL will vary from case to case; and, if you have a claim, you will want to consult with an experienced defective drug lawyer who can help you decide how best to proceed.

When pharmaceutical companies sell defective drugs, thousands of patients—if not tens of thousands or hundreds of thousands of patients—can be at risk of suffering serious consequences. Patients and healthcare providers rely on pharmaceutical companies to ensure their drugs are safe; when pharmaceutical companies abuse this trust, they can (and should) be held accountable.

Holding the pharmaceutical companies accountable for selling defective drugs involves suing them in court.

Using Multi-District Litigation (MDL) to Hold Pharmaceutical Companies Accountable

If thousands of patients have similar claims related to a defective drug, they may create a multi-district litigation (MDL) proceeding. This is not the same as a class action lawsuit.

In an MDL proceeding, individual plaintiffs’ lawsuits remain separate, but they are consolidated in a single federal court to streamline the litigation process. If the case settles, each plaintiff has the opportunity to decide whether to participate in the “global” settlement. If plaintiffs choose to participate, they will receive a settlement amount that reflects the nature and severity of their diagnosis, and their case will be over. If plaintiffs choose not to participate, they can continue to pursue their lawsuits individually.

As a result, in many respects, joining an MDL offers the best of both worlds: Plaintiffs can leverage the benefits of joining forces and continue fighting for just compensation if they are not satisfied with the outcome.

Of course, a settlement is not guaranteed. When facing enormous liability exposure, the pharmaceutical companies will fight to protect themselves by all means available. This makes it critical for plaintiffs to seek experienced legal representation and work with their lawyers to make informed decisions at every step.

Joining a Defective Drug MDL When Your Case is Already Pending

If your case is already pending when a defective drug MDL is formed, you will have the ability to transfer your case into the MDL—provided that your case qualifies. This is a formal legal process, and you will want to work with your lawyer to ensure you assert your legal rights effectively. Your lawyer can also help you decide whether joining the MDL is your best option given the circumstances of your case.

Joining a Defective Drug MDL When Filing a Lawsuit in Court

If a defective drug MDL has already been formed before you file a lawsuit, you may be eligible to join the MDL directly. There are strict filing requirements, and you will need to work with your lawyer to meet these requirements in order to avoid having your case dismissed. If joining the MDL is not in your best interests—or if you are ineligible for any reason—you may still be eligible to file an individual lawsuit in state or federal court.

FAQs: Seeking Accountability for Harm from a Defective Drug

What are my legal rights if I am one of thousands of people who have been harmed by a defective drug?

If you have been harmed by a defective drug, you are entitled to just compensation from the drug’s manufacturer. This is true whether you are the only patient harmed, or thousands of others are in your shoes. 

In this scenario, you will want to discuss your legal rights with a lawyer who is experienced in mass tort litigation. Defective drug cases are often handled through the multi-district litigation (MDL) process, so you will want to hire a lawyer who can navigate this process on your behalf if necessary.

How can I make sure I am seeking the full compensation I deserve?

Hiring an experienced lawyer to represent you is one of the most important steps you can take to make sure you are seeking the full compensation you deserve. Whether you need to pursue your lawsuit individually or you are eligible to join a multi-district litigation (MDL) proceeding with thousands of other plaintiffs, an experienced lawyer will be able to help you avoid settling for a fraction of the compensation you are rightfully owed.

Why might I consider not joining an MDL proceeding?

It may not make sense to join an MDL proceeding (and you may not be eligible to join an MDL proceeding) if your diagnosis is different from that of other plaintiffs. For example, if there is a pending MDL case involving cancer claims and you have been diagnosed with hearing loss or vision loss, you may need to file an independent lawsuit in order to seek just compensation.

How We Help Patients Who Have Defective Drug Claims

Our lawyers rely on decades of experience handling defective drug cases to help patients and families seek just compensation for their losses. If you have a claim, we can fight for just compensation on your behalf. We handle individual defective drug lawsuits and large-scale MDL proceedings involving thousands of plaintiffs, with a proven record of holding pharmaceutical companies accountable in court. We handle all cases at no out-of-pocket cost to our clients.

Discuss Your Claim with a Defective Drug Lawyer for Free

Do you have questions about filing a defective drug lawsuit? If so, we strongly encourage you to get in touch. We represent patients and families in defective drug cases nationwide. To discuss your legal rights with an experienced defective drug lawyer for free, call us at 800-780-8607 or tell us how we can help online today.