What is the Stryker Multidistrict Litigation?The Stryker MDL is in session, located in the District of Minnesota.
Forming a multidistrict litigation, abbreviated as an MDL is an organizational method the judicial system uses in large cases such as the Stryker lawsuit.
As is, the Stryker lawsuit consists of thousands of claimants (also called plaintiffs) that live all over the United States, in multiple court districts.
Since these plaintiffs all have very similar complaints (they received a faulty hip replacement that resulted in personal injury), they can combine their claims in the Stryker MDL to save both time and resources.
The Stryker MDL will save the plaintiffs, the defendant, and the court system resources by cutting litigation costs, and centralizing the Stryker lawsuit into one court room.
When a large number of people are hurt by a defective product and an MDL is formed, the individual claims are transferred to a federal court that has been selected to hear the case.
Presiding over this federal, or District court is a District Judge.
Judge Donovan W. Frank has been appointed to the Stryker MDL.
The Stryker MDL has been scheduled to be carried out in the District of Minnesota.
The Stryker MDL Process: What Happens in an MDL
When there are lots and lots of very similar personal injury claims, these claims are often consolidated into an MDL. Each individual claim is transferred from it’s original district and court to the federal court that has been selected to handle the MDL.
MDLs are in charge of pretrial proceedings only.
Often, cases such as the Stryker lawsuit are settled in the pretrial stages and do not need to move on to trial litigation.
The judge of the Stryker MDL must determine if the claim is valid. Frivolous claims will be dismissed at this stage in the process.
When the decision to form the Stryker MDL was made, hundreds of Stryker lawsuits were transferred to the District of Minnesota. These cases will go through the pretrial proceedings in the District of Minnesota, and will likely be settled in the Stryker MDL, rather moving on to trial.
One of the first things that happens in an MDL is the judge will select a Plaintiffs’ Steering Committee, or PSC.
The Stryker PSC is a group of attorneys appointed to represent the needs of the plaintiffs. This group of lawyers fight for the rights of all the claimants involved in the Stryker lawsuit. The Stryker PSC was appointed in November of 2013.
After the PSC is appointed, the discovery phase will begin.
The discovery phase is where all parties involved exchange pertinent information and documentation. For example, if a witness is going to be called to the stand, all parties will be informed that the witness will be called so they can prepare to examine them.
After the discovery phase, bellwether trials are heard by the court to determine if the claims merit a settlement, or compensation for damages and losses.
In an MDL a handful of cases (5-10 or so) are selected to be heard in the court as a representative sample. These are called the bellwether trials. These cases are similar enough to represent the large body of plaintiffs making Stryker claims.
The verdicts from the bellwether trials can be used for the court and defendant (Stryker) to determine if they should settle.
Settling at this stage could save Stryker money, and also get the compensation to the plaintiffs sooner. If Stryker sees that there is little chance that they could win the lawsuit by fighting it in court, they will offer a settlement ($$$) in the Stryker MDL, during the pretrial stages.
This will save all parties involved time, effort, and legal fees. It would get the Stryker claimants the money they deserve faster, so they can concentrate on healing.
Often, the defendant (Stryker) will offer a settlement during an MDL. If the plaintiff (the injured party) is not happy with the settlement offered, they have a right to reject it.
If a plaintiff rejects a Stryker settlement offer, the case will be transferred out of the MDL back to the original court district the complaint was filed in.
After the case has been transferred to it’s original court district the plaintiff’s Stryker Lawyer can take it to court and litigate, or fight for a higher settlement amount.
So, in summary, the Stryker MDL consolidates the cases to be heard in one federal courtroom, by one judge. The judge hearing the case appoints a Plaintiffs’ Steering Committee, or PSC to represent the plaintiffs. The court then proceeds in the discovery phase and the bellwether trials.
At this point Stryker will likely offer a settlement, which individual plaintiffs can chose to either accept or reject. If the plaintiffs accept the settlement, they will be paid in full by a specified date.
If a plaintiff rejects the settlement, it is their right to take the Stryker lawsuit to court, and the claim will be transferred back to its original district for litigation.
Consumer Claims Center of America
At Consumer Claims Center of America we are consumer advocates. Our role is to serve and assist claimants through every step of the Stryker lawsuit process.
Part of our role is to inform you of your legal rights, and keep you up to date on the Stryker lawsuit, and the Stryker MDL.
If you choose to proceed with us, we will evaluate your claim at no cost to you. If you are eligible for a Stryker claim, we will work tirelessly until you collect your rightful compensation.
We work with Stryker lawyers on the Stryker PSC, both directly and indirectly. We will make sure your Stryker claim gets the attention it deserves, and is not “warehoused” among the masses.
We will fight for you, so you can concentrate on healing.
We do not charge a fee until you collect your Stryker settlement.
Call Consumer Claims Center of America to speak with a live representative. The statute of limitations may be running out on your Stryker lawsuit, so the right time to call is now; we can help.
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