Frequently Asked Questions

1How long does litigation last? Can it be settled before trial?

Many cases resolve quickly, while some may take several years.

Yes, it is possible that your case may settle before it goes to trial. If the parties cannot agree on a settlement amount, the case will go to trial. However, in mass tort cases, the sheer number of cases necessarily requires continued patience. Rest assured, however, that we are working hard to advance the litigation to expedite the process.

2How does the litigation process work?

First, there is the investigation phase where our lawyers and staff get information from you and from your medical providers to determine whether you have a case that we can pursue.

Once we determine that you have claims that we can pursue on your behalf, we file what is referred to as a “Complaint,” which contains our assertions about what the defendant manufacturer has done wrong and how you have been harmed by their product. Then, the Defendant(s) will file an “Answer” to our Complaint, in which it will either admit or deny what we are claiming. Whatever is denied will be the subject of the lawsuit – the manufacturers of these products generally deny that they did anything wrong, so it will be our job to prove that something was wrong with the product, and that you were hurt as a result. The timing of the filing of your case is determined by a number of legal and strategic factors.

We then begin the “Discovery” phase of the litigation. During this time, both parties have the opportunity to ask questions and seek documents from the other side. During this phase, we will provide the Defendants with your Plaintiff Fact Sheet, which you are required by the Court to complete. You will also have to sign eight (8) authorizations to allow various documents to be procured by both sides. These documents are required by the Court, even if you believe them to be inapplicable to your case, and must be signed.

It is also during this phase that the parties take depositions of the other side’s witnesses. The Discovery phase is the most time-consuming part of the litigation and often takes years to complete. At any point along the way, the parties may discuss settling the case. If the parties cannot agree on a settlement amount, the case will go to trial.

3What about future surgeries after the case is over? Will those be covered?

We will seek damages from the Defendants to cover the cost of future surgeries, but once your lawsuit has been settled, you are not able to make additional claims against the defendants should you experience related injuries in the future.

4Who decides the settlement amount?

If your case is settled, that amount will be negotiated between the parties.

You are the only person who can accept a settlement offer. However, we will always give you our recommendation to accept, decline or counter-offer. If your case goes to trial, the verdict will be determined by a jury.