No Longer Accepting Claims
Exactech Lawsuit Facts
TorHoerman Law is no longer accepting claims for the Exactech Lawsuit.
Intake Closed
Exactech Recall Lawsuits are being consolidated into multidistrict litigation (MDL).
In the Exactech MDL, cases are handled by a judge in a singular district court.
Multidistrict is a special federal legal procedure designed to speed of the process of mass tort lawsuits, where a large number of people have similar claims against the same defendant(s).
MDL aims to cut costs for both plaintiffs and defendants, ensure consistent decisions, and address all legal processes in one court.
The Exactech Lawsuit is ongoing, and lawyers are still accepting cases from injured patients in all 50 states.
What Do You Need To Know About Multidistrict Litigation?
Multidistrict litigation (MDL) is a federal legal mechanism specially designed to address cases with multiple plaintiffs who have suffered similar injuries or damages due to a common product or issue, such as the Exactech knee replacement, ankle replacement, or hip replacement.
An MDL streamlines the litigation process by consolidating similar cases into one court, ensuring efficiency and a more organized approach.
MDLs are particularly helpful in the following scenarios:
- Mass Tort Cases: When numerous individuals suffer harm from a defective product, like in the Exactech lawsuit, filing individual lawsuits could overwhelm the court system. An MDL centralizes these cases, streamlining the process for everyone involved.
- Resource Efficiency: Consolidating cases in an MDL allows for the efficient use of resources, as pretrial proceedings like discovery can be coordinated and streamlined, saving time and effort.
- Judicial Expertise: By bringing multiple cases to one court, MDLs are often presided over by judges with expertise in complex litigation, ensuring that cases are handled competently.
What Are the Steps Involved in an MDL?
The multidistrict litigation process involves several key steps, each aimed at ensuring fair and efficient resolution for all parties involved.
Steps for multidistrict litigation are outlined below.
An Influx of Related Lawsuits Are Filed
MDLs usually begin with a surge of related lawsuits being filed across different jurisdictions.
In the context of the Exactech MDL, victims experiencing complications or injuries due to the Exactech knee replacement may file individual lawsuits in various states.
The JPML’s Decision To Launch an MDL
The Judicial Panel on Multidistrict Litigation (JPML) comprises federal judges responsible for determining whether an MDL is appropriate.
The JPML examines the common issues, the geographic distribution of cases, and other relevant factors before deciding whether to consolidate the cases into an MDL.
Releasing a Transfer Order
Once the JPML decides to create an MDL, they issue a transfer order that consolidates all related cases into a single district court.
This transfer order streamlines the legal process, prevents duplicative discovery, and facilitates centralized proceedings.
Establishing Steering Committees
In the early stages of an MDL, a steering committee is formed.
This committee consists of lawyers from various plaintiffs’ firms representing the victims.
Their role is to collaborate and manage pretrial proceedings efficiently.
The First Bellwether Trial
In an MDL, bellwether trials are selected to test how juries react to specific issues, arguments, and evidence.
These trials serve as indicators for both parties, potentially encouraging settlement negotiations and providing insight into the value of the cases.
Recovering a Settlement
Plaintiffs involved in an MDL may be eligible to recover settlements for their damages, including medical expenses, pain and suffering, lost wages, and more.
Settlement negotiations can occur at different stages throughout the MDL litigation process.
How Do MDL and Class Action Lawsuit Differ?
While both MDLs and class action lawsuits involve multiple plaintiffs with similar claims, they have distinct differences:
- Individual Attention: In an MDL, each plaintiff retains individualized attention to their unique circumstances, as each case remains separate. In contrast, plaintiffs are treated as a group in a class action lawsuit, and the outcome applies to all members.
- Control Over Case: In an MDL, plaintiffs have more control over their cases. In a class action, lead plaintiffs and attorneys generally make decisions for the entire class.
- Outcome and Settlements: In an MDL, the results and settlements are specific to each individual case. The outcome or settlement typically applies uniformly to all class members in a class action lawsuit.
