16 Apr 4 Facts to Know about Bellwether Cases (Pt. 1)
If you have been injured by a defective product or medical device or have suffered serious health complications after taking a dangerous medication, you may have heard terms like multidistrict litigation (MDL) or bellwether cases. While such terms may seem a little confusing, understanding what they mean can shed light on the legal process you can expect to face if you end up seeking compensation for your injuries by joining multidistrict litigation (rather than filing a separate lawsuit against a manufacturer or pharmaceutical company).
In this two-part blog, we will shed some light on what bellwether cases are and how they are crucial to MDLs. If you have further questions, think you may have a product liability or defective drug case and are ready to learn more about your rights, Phoenix Personal Injury Lawyer Richard Langerman is ready to meet with you.
Fact 1: Bellwether cases are essentially “test” cases for MDLs.
Bellwether cases are essentially test cases that are the first lawsuits brought to trial in MDLs. In other words, these cases chosen by the courts to be litigated (i.e., brought to trial) first because they are generally representative of the other cases involved in the litigation.
For example, in multidistrict litigation for vaginal mesh devices or defective hip implants, a bellwether case chosen to be the test case for these MDLs will be a lawsuit in which the plaintiff:
- Has suffered injuries similar to those sustained by most of the other plaintiffs in the MDL
- Is alleging that device manufacturer failed to test the safety of its product
- Is alleging that the manufacturer failed to warn the public about the serious risks associated with a particular device/medication and marketed that device/medication as safe and effective (despite knowing that there were serious, if not potentially fatal, risks associated with the use of the defective device/dangerous medication).
Fact 2: Bellwether cases are closely watched by other attorneys.
Because bellwether cases are the first lawsuits brought to trial in MDLs, attorneys for other plaintiffs, as well as defense attorneys, will closely follow these cases to see how:
- Judges will rule on certain issues or matters of the case.
- Specific evidence will be received by the jury.
- Juries will ultimately rule in the case.
This makes bellwether cases highly public trials, the results of which can have critical ripple effects on future similar cases.
Look for the conclusion of this blog, which will be posted soon!
Phoenix Personal Injury Lawyers at the Law Office of Richard Langerman
You have a choice in the lawyer you hire to handle your claim, and the choice you make can affect the compensation you receive. Make sure that your lawyer has the ability and experience to handle your case. If you have suffered from any type of personal injury and suspect that another party’s negligence or recklessness may be to blame, the Phoenix personal injury lawyers at the Law Office of Richard Langerman will fight to help you obtain the maximum possible compensation to cover your pain and suffering, lost wages, and medical bills.
For more than 25 years, our attorneys have been representing clients and aggressively defending their rights both inside and outside of the courtroom against defense attorneys, corporate lawyers and insurance company agents alike. In addition to having extensive experience handling motor vehicle accident lawsuits, our attorneys are also skilled at overseeing product liability cases, insurance bad faith cases and various other types of personal injury cases.
Learn More during a Free Consult
Call us today at (602) 240-5525 to learn more about your rights and receive professional advice regarding your case by setting up a free, no obligations initial consult with our trusted attorneys.