Plaintiffs’ lawyers have filed a motion with a panel of federal judges to create a multidistrict litigation (MDL) for lawsuits alleging injuries from the Essure permanent contraceptive.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications from a birth control device, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
July 29, 2016 – The motion was filed Monday with the U.S. Judicial Panel on Multidistrict Litigation (JPML), requesting the Eastern District of Pennsylvania as the appropriate venue. If approved, the cases will be overseen by U.S. District Judge Gerald Austin McHugh, Jr.
Multidistrict litigations are designed as a convenient way of grouping together similar lawsuits for pretrial handling. All activities common to the grouped cases — discovery, pre-trial hearings, trial scheduling and settlement conferences — can be decided at one time.
Other benefits of an MDL include ease of coordination between plaintiffs’ lawyers on behalf of their clients and the reduction of expenses to plaintiffs, as they aren’t required to pay for things like discovery. Under 28 U.S.C. § 1407, the federal law covering multidistrict litigation, the goal of consolidation is to “eliminate duplicative discovery, avoid inconsistent pretrial rules, and conserve the resources of the parties, their counsel, and the judiciary.”
If the MDL is created, McHugh can grant summary judgment if it’s obvious that the opposing party can’t win based on law and the facts, and/or dismiss the cases outright. At the conclusion of the pretrial phase, the judge remands the lawsuits to the original court jurisdictions in which they were filed to be tried. However, most mass tort injury multidistrict litigations settle before they reach this stage. If they don’t settle, the cases proceed to trial individually in the original jurisdictions.
There are are likely many common issues of fact and law in the proposed Essure MDL. The litigation does not require that every plaintiff have the same injury, though many do. Nor is there a doubt that consolidation is beneficial as plaintiffs will likely seek the same documents from the same defendants, depose the same witnesses, with the defendants likely raising the same objections, asserting the same privileges and seeking the same protective orders. Furthermore, the MDL will allow the parties to avoid unnecessarily duplicative discovery and prevent inconsistent rulings, according to the motion.
Do I Have an Essure Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Essure lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Confidential Case Evaluation: Again, if you were injured by Essure complications, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.